KUBBY SAYS HE NEVER GREW FOR S.F. CLUBS

Defense Attorney Fined By Judge For Outburst

Steve Kubby testified Tuesday in Auburn that he sought legal advice
before deciding not to grow marijuana for San Francisco or Oakland
cannabis buyers clubs.

Kubby, a medical marijuana advocate and 1998 Libertarian Party
gubernatorial candidate, said he was given a grower's contract by San
Francisco club principal Dennis Peron and took it to Truckee attorney
Dale Wood in the summer of 1998 for guidance.

"He said you don't want to touch it, you don't want to have anything
to do with it," Kubby said during his second day of testimony. "I
dropped it like a hot potato."

Asked by his defense attorney J. Tony Serra if he had ever grown or
provided marijuana for the San Francisco and Oakland clubs, Kubby
replied "never."

Kubby asked to explain himself.

"My wife and I were concerned that it would invalidate anything we'd
ever done or stood for," he said.

Serra's examination was followed by a sometimes-stormy
cross-examination by Placer County Deputy District Attorney Chris
Cattran. Cattran's questioning focused on the veracity of Steve and
Michele Kubby's contention that the 265 marijuana plants confiscated
in a January 1999 raid of their Olympic Valley home were for personal
medicinal use. Both Kubbys had doctor's recommendations to grow and
smoke marijuana - Michele Kubby for irritable bowel syndrome, Steve
Kubby for a rare form of adrenal cancer.

Cattran produced several documents to counter Kubby's contention that
the 265 plants were for he and his wife's personal use and covered by
Prop. 215 - a medicinal marijuana initiative passed by voters in
1996 that he helped put on the ballot.

Cattran showed Kubby a 1992 state Department of Motor Vehicles form
the defendant had signed stating that his cancer had been in remission
since 1986.

"That is correct," Kubby answered when asked whether he had signed
it.

Another letter produced by Cattran - this time to a doctor and
written in 1991 - showed Kubby saying his blood pressure had
improved with a traditional blood pressure medication.

"I don't dispute it but I don't recall it," Kubby said. Kubby said he
started smoking marijuana exclusively in about 1994.

Cattran showed Kubby a page of listings broken into rectangles and
found on Kubby's computer. Cattran initially asked whether they were
labels for supplying marijuana to the San Francisco and Oakland buyer
clubs. Defense attorneys Serra and J. David Nick's objection to the
question was sustained by Superior Court Judge John Cosgrove.

Instead, Kubby was asked whether the rectangles looked like labels.
Kubby said he "cut and pasted" all the information he could find on
the Internet about marijuana growing.

"I don't even know if they fit the label size," Kubby said. "They were
never intended to be used as labels. This was complete fiction."

Kubby was shown an application for life insurance he signed in July
1996. Kubby stated on the application that in the previous two years,
he had not be diagnosed with or treated for cancer.

Kubby said the statement was true - that he hadn't been diagnosed
with cancer in that time nor seen a doctor for treatment.

"Were you taking medical marijuana in 1996?" Cattran
asked.

"Yes," Kubby answered.

Kubby was also asked about his claim to be "Patient N" in Dr. Linus
Pauling's book about Vitamin C as medicine. Kubby had testified last
week that he took massive amounts of Vitamin C and it helped curb his
cancer. But he stopped because of diminishing results and
side-effects, he said.

Kubby examined the reference in Pauling's book and remarked that it
was "inaccurate."

"It starts out saying I was a ski instructor," Kubby said. "I was
never a ski instructor."

The cross-examination also focussed on a Jan. 12, 1999 letter from the
Kubbys to the owner of their rented, $2,500-a-month home. Cattran's
queries centered around whether the Kubbys were negotiating to buy the
house for $580,000.

Kubby testified he received $1,000 a month for a disability pension
and that his online outdoor sports magazine was a money-loser. Michele
Kubby had owned a cleaning service but it had been sold in 1998. Kubby
said he didn't know how much it had been sold for. Kubby said his main
sources of income were donations for his marijuana activism. Money
from that source was actually increasing at the time of the raid, he
said.

Kubby said the negotiations on the home were more an attempt to deal
with owners who were "hounding" them for an agreement.

The Jan. 12 letter mentioned a $580,000 purchase price with a down
payment of $50,000 at closing. Kubby said that he wanted to see if the
cost of purchasing the house would be less expensive than renting and
had enlisted Michele Kubby's father - a mathematician - to make
the calculations.

Cattran asked Kubby if it was his understanding that the negotiations
also included a planned second balloon payment of $50,000 in December
2000. Kubby replied that he didn't remember.