Source: San Jose Mercury News (CA) Pubdate: Thu, 21 Jan 1999 Copyright: 1999 Mercury Center Website: http://www.sjmercury.com/ Contact: Reuters MARIJUANA PLANTS ALLEGEDLY FOUND AT THEIR HOME LIBERTARIAN CANDIDATE, HIS WIFE JAILED AFTER RAID TAHOE CITY -- Police arrested the Libertarian Party's 1998 candidate for California governor and his wife after investigators found hundreds of marijuana plants at their home, officials said Wednesday. Lt. Mike Allen of the North Tahoe Task Force said Steve Kubby, 52, and his wife Michele were arrested Tuesday and were being held on $100,000 bail apiece at the Placer County Jail. Kubby, who placed fourth overall in the November election with 1 percent of the vote, and Michele Kubby were to be formally arraigned today on charges of cultivation and possession of marijuana and conspiracy, Allen said. The Kubbys' attorney, Dale Wood, said the former candidate and his wife were both medically approved to use marijuana under the provisions of California's landmark 1996 state law. "The D.A.'s position is hogwash,'' Wood said, adding that the high bail was ridiculous. "If somebody took a baseball bat to their neighbor, they would be free for less.'' Kubby, a strong proponent of the 1996 law known as Proposition 216, has used marijuana for some 20 years as part of a treatment program for cancer and hypertension, Wood said. Michele Kubby also has a medical prescription for the drug, he said, but added that he did not know what specific ailment she suffers from. Wood said the Kubbys intended to argue that the estimated 300 marijuana plants found on their property at Olympic Valley were entirely for personal use. Police estimated that the plants could produce up to a pound of marijuana apiece, with a total street value of hundreds of thousands of dollars. California's medical marijuana initiative was all but derailed last year by Republican state Attorney General Dan Lungren and the federal government, which argued that existing anti-narcotics laws prevented any legal use of marijuana. But Lungren's Democratic successor Bill Lockyer has said he hopes to find a way to implement the state law, which allowed people suffering from AIDS, cancer and other serious ailments to use the drug under a doctor's guidance. - --- MAP posted-by: Richard Lake