SUPPORTERS FLOCK AS KUBBY APPEARS IN COURT

Activist's Attorney to Ask for Alternative Sentencing

Incarcerated medical-marijuana activist Steve Kubby slowly entered an
Auburn courtroom Tuesday afternoon and took his seat next to other
inmates as he smiled to a crowd of supporters in the audience.

Kubby, 59, was in court with his attorney Bill McPike for arraignment
on a charge of violation of probation after his arrest Thursday in San
Francisco.

Kubby's attorney entered a plea of "not guilty" on behalf of his
client. He said outside the courtroom that he will ask the court for
alternative sentencing.

"Michele (Kubby) is relocating (from Canada) to Marin County and we're
going to motion for house arrest," McPike said. "I have no idea (if it
will be granted)."

Chris Cattran, deputy district attorney for Placer County, said
outside the courtroom that house arrest was offered to Kubby after his
2000 conviction for possession of mescaline and psilocybin.

"He was given the option of house arrest, but chose to flee," Cattran
said.

At this point it is not clear if additional charges will be brought
against Kubby, who began serving his 120-day sentence Friday.

Although he appeared to weigh less than he did when his booking photo
was taken, Kubby looked pleased that the courtroom was nearly filled
to capacity with those wanting to wish him well, many who had never
met the former gubernatorial candidate and co-author of Prop. 215,
California's Compassionate Use Act.

Clark Sullivan, 45, of San Francisco and the Hemp Evolution Web site,
said he came to Auburn, as did about 30 others, to champion Kubby's
reported need for medical marijuana.

"I'm an advocate for a lot of medical marijuana users and don't always
know who they are," Sullivan said. "I'm here to support Steve and to
demand that the Placer County authorities allow him to use medical
cannabis as his doctor has prescribed."

In light of the attention the case has received and the number of
medical-marijuana activists expected, Placer County Sheriff's
Department added deputies outside the jail facility, courtroom and
inside during the brief proceeding.

Members of the Compassionate Coalition.org, Hemp Evolution and other
medical marijuana advocates held signs in front of the jail Tuesday
that read "Healing is not a crime, free Steve Kubby, Don't jail the
Ill," and "Stop terrorizing patients."

Many voiced their concern that without his daily doses of marijuana,
Kubby will not survive his jail time.

Kubby contends he must have marijuana daily in order to survive and
stave off the effects of a rare form of adrenal cancer. He points out
a Canadian doctor who agrees with him, but a UC Davis Cancer
specialist has said there is no scientific evidence to support Kubby's
claim that marijuana is keeping him alive.

To the Kubby faithful, it's a life-or-death situation.

"They are going to let him die in there," said Kubby supporter Essie
Mormen, of San Francisco.

Jail officials are forbidden to answer direct medical questions, but
have said Kubby is receiving medical treatment as necessary and is
being cared for as all inmates are.

Kubby is scheduled to appear at 8:30 a.m. Friday in Dept. 13 of Placer
County Superior Court.

Michele Kubby was not in the courtroom for Tuesday's
appearance.

The Kubby family had been seeking to stay in Canada, however, the
Canadian Border Services rejected the family's bid for protection Dec.
9 and ordered them out of the country.