Pubdate: Fri 30 Jul 1999 Source: Auburn Journal Copyright: 1999 Auburn Journal Contact: 1030 High St., Auburn, CA 95603 Website: http://www.auburnjournal.com/ Author: Dena Erwin, Journal Staff Writer RETIRED JUDGE WILL HEAR MARIJUANA CULTIVATION CASE It took a week, but a judge and an available courtroom for the marijuana cultivation and sales trial of Steve and Michele Kubby have been secured. Judge Robert G. Vonasek, a retired magistrate from Glenn County, will preside over the case that may test Proposition 215, the state's medical marijuana use law. The trial is scheduled to begin Tuesday at 10 a.m. at Auburn's Historic Courthouse. Twice this week, Presiding Superior Court Judge Larry Gaddis assigned a judge to the case, but the defense and prosecution each disqualified the choices as prejudiced. Steve Kubby, 52, last year's Libertarian gubernatorial candidate, publicly espoused the use of medical marijuana in his campaign. He claims to use the drug with the required medical recommendation for a rare adrenal cancer diagnosed 23 years ago. His 32-year-old wife has a recommendation to use marijuana for an intestinal problem. The couple was arrested Jan. 19 at their Olympic Valley home, where 265 growing plants were found during the service of a search warrant by the North Tahoe Task Force. - --- MAP posted-by: Richard Lake