Pubdate: Sun, 17 Dec 2000
Source: Auburn Journal (CA)
Copyright: 2000 Auburn Journal
Contact:  1030 High St., Auburn, CA 95603
Author: Gus Thomson, Journal Staff Writer
Bookmark: (Kubby, Steve)


Jurors in the marijuana-for-sale trial of Olympic Valley's Steve and
Michele Kubby will resume deliberations Monday in Auburn.

The eight-woman, four-man panel was given the case late Thursday and
began deliberations Friday following a trial that spanned four months.

On Friday, Judge John Cosgrove dismissed charges of hashish possession
against the Kubbys. A concentrated form of marijuana, the hashish was
found during a January 19, 1999 raid on the Kubbys' home, along with
265 pot plants.

J. David Nick, attorney for Michele Kubby, and J. Tony Serra, Steve
Kubby's attorney, made the request to drop the charges at a hearing
Friday. They argued hashish is a form of marijuana and shouldn't be
considered in a separate count when the Kubbys are already charged
with possession of cannabis for sale.

With the possession of hashish charge removed, the jury will continue
to consider the possession-of marijuana-for-sale allegation, plus
charges of cultivating marijuana, conspiracy to grow and sell pot,
plus possession of peyote and a magic mushroom stem.

The Kubbys maintain that the grow was for their own medicinal use.
Both had doctors' recommendations to use and grow pot under Prop. 215.
Steve Kubby, the Libertarian candidate for governor in 1998, was a key
player in the 1996 passage of the Compassionate Use Act by California
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