Pubdate: Thu, 21 Dec 2000
Source: Associated Press
Copyright: 2000 Associated Press


(12-21) 18:42 PST AUBURN, Calif. (AP) -- The Libertarian Party's 1998 
candidate for governor was found guilty Thursday of two drug possession 
charges, but a jury deadlocked 11-1 for acquittal on five other counts. 
Steve Kubby, 53 was convicted of possession of peyote and a psychedelic 
mushroom. His wife, Michelle, was found innocent on those charges.

Jurors said they were deadlocked on charges of conspiracy, cultivation and 
possession for sale of marijuana.

The Kubbys were charged after drug officers said they found about 265 
marijuana plants growing at their residence during a search in January 
1999. The officers also said they found peyote buttons and another 
controlled substance, psilocyn, in a tiny piece of psychedelic mushroom. 
The peyote was in an area of the home used by guests and the defense argued 
that the mushroom's psilocyn content was so small that it could not be used 
for illegal purposes.

The Kubbys said they were legally growing the marijuana for medical reasons 
under Proposition 215, a ballot measure approved by voters in 1996.

Steve Kubby has cancer and his wife suffers from irritable-bowel syndrome.

Kubby is scheduled to be sentenced Feb. 2 on the two drug possession 
counts, both felonies. Prosecutors have not decided whether to retry him on 
the deadlocked charges.

"They would be foolish to retry the case," said Mark Hinkle, the 
Libertarian Party's state chairman. "As far as we are concerned, Steve and 
Michele Kubby's use of medical marijuana has been vindicated."
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