Source: Tahoe Daily Tribune (CA) 
Copyright: 1999 Tahoe-Carson Area Newspapers 
Pubdate: Thu, 28 Jan 1999
Author: Joelle Babula, Tribune News Service


OLYMPIC VALLEY - Steven Kubby will answer today to charges of growing
marijuana in his home. 

"Steve will plead not guilty, of course," said his attorney Dale Wood. "The
growth is protected by the compassionate use act. Proposition 215 protects
the growth of medical marijuana." 

Kubby, a 1998 California Libertarian Gubernatorial candidate and an Olympic
Valley resident, along with his wife, Michele, were arrested last Tuesday
by members of the North Tahoe Task Force. The couple is charged with
possession of marijuana for sales, cultivation of marijuana and conspiracy. 

On Friday, the Kubby's were released from jail with a written promise to
appear in court today, Wood said. The arraignment will be held at 8:30 a.m.
in Tahoe City. 

Under Proposition 215, the medical use of marijuana, patients and
caregivers who "possess or cultivate marijuana for medical treatment
recommended by a physician are exempt from criminal laws which otherwise
prohibit the possession or cultivation of marijuana." 

According to Wood, Kubby was growing the marijuana for his own medical use. 

"His physician had recommended and approved Kubby's use (of marijuana) in
writing in regard to his cancer situation," Wood said. "He's had adrenal
cancer for 22 years." 

Wood did not know the name of Kubby's physician and Kubby could not be
reached for comment. 

Christopher Cattran, the deputy district attorney prosecuting the case,
said he expects the case to go to trial and that preliminary hearing dates
will be scheduled at today's arraignment. 

"From what I hear, Proposition 215 is going to be their defense," Cattran
said. "Based upon the quantity, however, it was for more than personal use." 

According to a report from the North Tahoe Task Force, four grow rooms were
found in Kubby's home and approximately 300 marijuana plants. The total
street value of the confiscated drugs is estimated at $420,000. 

If convicted, Kubby could face three years in a state prison, Wood said. 

During his campaign for governor, Kubby advocated the legal use of
marijuana for medical purposes. 
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