LOCKYER WON'T INTERVENE IN KUBBY CASE

Embattled pot proponent Steven Kubby shouldn't hold out much hope of
intervention from the state Attorney General's Office in his bid to to have
Placer County law enforcement back off on prosecuting him.

Kubby's case got even stranger this week when the former Libertarian
gubernatorial candidate accused sheriff's deputies in Placer County of
"attempted murder" by withholding during a three-day jail stay the marijuana
he contends is needed to stave off a rare and potentially fatal disease -
malignant pheochromocytoma. He asked the Attorney General's Office this week
to intervene.

A spokesman for Lockyer's office said Kubby's latest request is the most
recent in a series of missives that now stands 6 inches high. Nathan
Barankin, the Attorney General's communications director, said the office
will review and respond "as quickly as possible" but that state intervention
is unlikely.

"It's a rare occasion indeed when this office interferes with local law
enforcement enforcing the law," Barankin said. "We're not aware of any
information that suggest we ought to break with that practice."

Kubby and his wife Michele Kubby were charged with possession of marijuana
for sale after sheriff's investigators raided their Olympic Valley home and
discovered 265 pot plants growing inside.Kubby's contention is that he was
in compliance with Proposition 215, 1996 Compassionate Use Act. Kubby's case
is scheduled to go to trial Feb. 15 in Auburn.

Both Sheriff Ed Bonner and District Attorney Brad Fenocchio have maintained
a policy of "no comment" while the case is still pending in court.

Kubby has also sent a letter to the Placer County grand jury asking for an
investigation. The request is under the letterhead of the American Medical
Marijuana Association, which Kubby said he is national director of.