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.