KUBBY CASE TO BEGIN TODAY

California's highest-profile case testing Proposition 215's legalization of
medical marijuana is scheduled to kick off again today in an Auburn courtroom.

But neither the prosecution nor defendants Steven and Michele Kubby of
Olympic Valley expect Superior Court Judge James Roeder to be happy to see
them. Two months ago, Roeder warned both sides to be ready to start the
trial today.

However, attorneys for Steven Kubby, the 1998 Libertarian Party candidate
for governor and a key player in the passage of the Compassionate Use Act
of 1996, have filed several motions - including a challenge to Roeder's
ability to hear the case - that threaten to delay the trial once again.

Additionally, Michele Kubby does not yet have a lawyer, even though Roeder
allowed the Kubbys to fire their original attorneys on March 9. And Steven
Kubby's attorney, the well-known San Francisco lawyer J. Tony Serra, will
not be in court this morning due to a scheduling conflict.

An associate from his firm will take his place.

In February when the Kubbys first asked to substitute Serra for Tahoe City
attorney Dale Wood, Serra said the case would have to be pushed back until
at least April to allow him to clear his calendar. According to Steven
Kubby, though, another judge has ordered Serra to represent the defendant
in a murder trial that also starts today.

That delay followed an earlier continuance last year, when a visiting judge
suspended the trial until Michele Kubby completed a pregnancy. She gave
birth to a daughter in January.

When he continued the case two months ago, Roeder made it clear he did not
welcome further delays.

"And you should both be advised that given the circumstances that have been
presented to the court, there will be no continuances on that trial date,"
Roeder said after setting May 1 as the start date.

"It's frustrating," said Deputy District Attorney Chris Cattran, who has
said since July that he and Supervising Deputy District Attorney Gene Gini
are ready to prosecute the Kubbys.

"The judge gave them what they wanted in February, which was to fire their
attorneys. We're ready to go to trial. We've been ready to go to trial,"
Cattran said.

The Kubbys, while say they are just as frustrated with the roadblocks,
insist that starting the trial under the circumstances would deny them the
right to a fair hearing.

"Regardless of what the judge told us, because another judge has forced my
attorney into another trial, why should I be deprived of counsel?" Steven
Kubby asked.

And, "If this had been a two-week regular drug trial, it would have been
fine," Michele Kubby said. "But we need some pros in this one because it
has become a political thing."

Michele Kubby, who filed the challenge against Roeder, will not be
accompanied by her own counsel today. The Kubbys intended to hire Eric Berg
to represent her, but were unable to raise a required $50,000 deposit.
While Berg will consult on the case, the Kubbys said they want to bring in
J. David Nick, who served as legal counsel for the San Francisco Cannabis
Club but the arrangements have not been finalized.

If Roeder decides to begin the trial today, Michele Kubby said she would
accept representation by a public defender. But it would take at least two
months for any lawyer to prepare for the case, she said.

The Kubbys claim to have raised $45,000 in the last month alone for their
legal defense fund. They also said they have expended a significant amount
of money already and expect to pay out even more as the trial progresses.

Donations to the fund have come from in- and out-of-state medical marijuana
supporters as well as from dues-paying members of the Libertarian Party.
Steven Kubby was the unsuccessful Libertarian gubernatorial candidate in 1998.

Neither of the Kubbys, who published an on-line magazine prior to their
Jan. 19, 1999 arrest, are working. The couple filed for bankruptcy after
authorities seized their computer equipment and did not return it for more
than six months.

Steven Kubby suffers from cancer of adrenal glands, which causes the amount
of adrenaline in his body to rise frequently to life-threatening levels. He
claims marijuana controls the adrenaline levels and said he needs to
medicate - ingest marijuana - several times a day to control his blood
pressure. His annual marijuana intake surpasses seven pounds per year.

Michele Kubby claims to suffer from irritable bowel syndrome, which she
said is alleviated by marijuana.

While Steven Kubby has asked he be allowed to medicate during the trial - a
motion Roeder has not yet ruled on - Michele Kubby said she will not use
the drug since she is caring for the couple's 4-month-old daughter. The
Kubbys also have a 4-year-old daughter.

On Jan. 19, 1999, the Placer County Sheriff's Office raided the Kubbys
Olympic Village home and confiscated 265 marijuana plants in various stages
of growth, the couple's computerized financial records and computer hardware.

The Placer County Sheriff's Office, which kept the Kubbys under
surveillance off and on for six months, acted on an anonymous letter mailed
from Southern California to the El Dorado County Sheriff's Office in July
1998. Among other charges, the letter stated Kubby was using proceeds from
sales of the drug to fund his gubernatorial campaign - a claim the Kubbys
have denied.

The case against the Kubbys hinges on financial information the District
Attorney's Office said supports the claim they were selling marijuana.

Cattran said in February 1999 the Kubbys possessed more marijuana than
necessitated by a medical condition. To that end, Cattran filed a motion
early on asking the judge to disallow a compassionate use defense since he
said he has seen no medical records to support claims the drug treats
Steven Kubby's cancer.

According to Cattran, the recommending physician, Dr. Charles Kellermyer of
Tahoe, was not actively treating Kubby at the time of the recommendation.

Both sides will convene in front of Roeder at 9:30 a.m. this morning in
Department 4 of the Historic Placer County Courthouse on Maple Street.