Pubdate: Wed, 08 Mar 2000 Source: Tahoe World (CA) Copyright: 2000 Tahoe World Contact: P.O. Box 138, Tahoe City, CA 96145 Fax: (530) 583-7109 Website: http://www.tahoe.com/world/ Forum: http://www.tahoe.com/community/forum/ Author: Gus Thomson, World News Service Bookmark: http://www.mapinc.org/kubby.htm (Kubby, Steve) Bookmark: http://www.mapinc.org/mmj.htm (Cannabis - Medicinal) ON THE POT, OFF THE HOOK: KUBBY CLEARED AUBURN - Bringing some semblance of closure to one of the more contentious cases in Placer County legal history, a Superior Court judge at the request of the District Attorney's Office dismissed marijuana-possession-for-sale charges Friday against pot activist and former Libertarian Party gubernatorial candidate Steve Kubby. But Kubby, 54, will serve a 120-day jail sentence likely through electronic monitoring in his home on misdemeanor convictions for possession of a psilocybin stem and peyote buttons. Kubby brushed back tears as his wife, Michele, embraced him in relief after Judge John L. Cosgrove announced the District Attorney's Office decision not to pursue a second trial on charges stemming from a January 1999 raid at the couple's Olympic Valley home. The raid netted 265 marijuana plants from an indoor grow. Outside the North Auburn courtroom, supporters, many who had sat through the lengthy legal battle, greeted a smiling Steve Kubby. He pumped an arm in the air as he emerged into a hallway filled with print and television reporters. "For once, I am speechless," Kubby said, after praising the efforts Friday of defense attorney J. David Nick and expressing pleasure with the District Attorney's Office decision to also file a motion to dismiss similar pot-possession-for-sale charges against Rocklin dentist Michael Baldwin and his wife, Georgia. Prosecutor Chris Cattran said his office decided not to retry the case based mainly on the vagueness of Proposition 215 and the initial 11-1 juror deadlock. "The defense tries to make (pursuing charges against the Kubbys) out as vindictiveness," Cattran said. "But a crime occurred and we have an obligation to charge crimes and follow through." The Kubbys contended during a four-month trial that the pot found in their home was for their own medicinal use under Prop. 215, a law passed in 1996 by California voters that allows people to grow and possess marijuana if they have a doctor's recommendation. Steve Kubby was a key player in getting the proposition on the ballot and has been a high-profile supporter since its passage. Both Kubbys had doctor recommendations he for a rare form of adrenal cancer and she for irritable bowel syndrome. A mistrial was declared in January after 11 jurors favoring acquittal gave up on efforts to persuade a lone juror holding out for a conviction to come over to their side. The defense did lose out on two motions, one to delay sentencing until July when Proposition 36 comes into effect. The other was to rule out a search-and-seizure provision that eventually would be attached by Cosgrove to Kubby's three-year probationary term. Outside the courtroom, Kubby said he was not satisfied with the search-and-seizure condition. He added that he will be considering a lawsuit against the county based on his belief that his civil rights were violated. The Kubbys plan to move to British Columbia, Canada's Sechelt Peninsula after the 120-day sentence is completed. Nick said Kubby will apply for electronic monitoring and will be required to serve all but three of the 120 days. Kubby was jailed for three days after his arrest. "It s not safe for my husband here," Michele Kubby said. "Just walking into the courtroom has made him guilty, no matter what the outcome has been." The two have established a video production business, which already includes a talk show on marijuana issues. - --- MAP posted-by: Richard Lake