Source: San Jose Mercury News (CA)
Pubdate: Thu, 21 Jan 1999
Copyright: 1999 Mercury Center 
Contact:  Reuters



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

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

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
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