Source: Tahoe World (CA) Copyright: 1999 Tahoe World Pubdate: Thu, 4 Feb 1999 Page: Front Page with color photo of Steve and Michele Website: http://www.tahoe.com/world/ Forum: http://www.tahoe.com/community/forum/ Contact: (530) 583-7109 Mail: P.O. Box 138, Tahoe City, CA 96145 Note: Additional information on this story, to include defense fund information, may be found at: http://www.levellers.org/ammo.htm Also: Some readers who visited the MAP's popular interactive, web browser based, chat room last weekend had an opportunity to chat with Steve about this case. You never know who will drop by to chat. For more details, just press the CHAT ROOMS button at the bottom of the MAP home page at http://www.mapinc.org/ KUBBY TO TEST STATE POT LAW Sporting a pin in the shape of a red marijuana leaf, Steven Kubby pleaded innocent on Thursday to all counts regarding the possession and cultivation of marijuana in his Olympic Valley home. "All of this is about growing our own medicine in the privacy of our own home," Kubby said following his arraignment in Tahoe City last Thursday morning. Kubby, a California Libertarian Gubernatorial candidate, and his wife, Michele, both Olympic Valley residents, were arrested Feb. 19 and charged with possession of marijuana for sales, cultivation of marijuana and conspiracy. According to Kubby's attorney, Dale Wood, Kubby was growing marijuana for medical purposes and thus, is protected by Proposition 215, more commonly known as the compassionate use act. "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." Kubby, fearing that authorities will track down his local physician, refused to release the name of his doctor. Under Proposition 215, 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." Christopher Cattran, the deputy district attorney prosecuting the case, said that due to the quantity of marijuana found at the Kubby's residence, "it was for more than personal use." Kubby, however, says there is no limit to the amount you can grow for personal use under Proposition 215. "My husband has a terminal illness," Michele Kubby said. "No one else has survived this illness, my question is, how much (marijuana) is too much?" According to a report from the North Tahoe Task Force, following a six month investigation, 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. Kubby said the arrest did not surprise him. "We knew they were surveilling us. We had a tip just like they had a tip on us," Kubby said. "All the evidence against us was collected by spying through our windows, going through our garbage, checking our utility bills or going through our Internet connections." Lt. Mike Allen, with the Nevada Division of Investigation, said he couldn't comment on the investigation of Kubby's home, but he said the procedures followed were not illegal. "Everything we did in conducting our investigation was legally correct," Allen said. Although the Kubbys could face three years in a state prison if convicted, they're hoping this case will bring the issue of medical marijuana use to light in both the political and public spectrum. "We'd like this to open up discussions on state guidelines for Proposition 215," Michele said. Kubby agrees. "We're here to cast light on what is happening to seriously ill people," Kubby said. "We want to tell our supporters to keep cool and place their faith in the law as we have. This case is the case that will put everything on the table and get this settled once and for all." The preliminary conference for the case is set for Feb. 22 at 10 a.m. in Tahoe City. - --- MAP posted-by: Richard Lake