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.