Kubby arraignment today
OLYMPIC VALLEY – Steven Kubby will answer today to charges of growing marijuana in his home.
“Steve will plead not guilty, of course,” said his attorney Dale Wood. “The growth is protected by the compassionate use act. Proposition 215 protects the growth of medical marijuana.”
Kubby, a 1998 California Libertarian Gubernatorial candidate and an Olympic Valley resident, along with his wife, Michele, were arrested last Tuesday by members of the North Tahoe Task Force. The couple is charged with possession of marijuana for sales, cultivation of marijuana and conspiracy.
On Friday, the Kubby’s were released from jail with a written promise to appear in court today, Wood said. The arraignment will be held at 8:30 a.m. in Tahoe City.
Under Proposition 215, the medical use of marijuana, 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.”
According to Wood, Kubby was growing the marijuana for his own medical use.
“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.”
Wood did not know the name of Kubby’s physician and Kubby could not be reached for comment.
Christopher Cattran, the deputy district attorney prosecuting the case, said he expects the case to go to trial and that preliminary hearing dates will be scheduled at today’s arraignment.
“From what I hear, Proposition 215 is going to be their defense,” Cattran said. “Based upon the quantity, however, it was for more than personal use.”
According to a report from the North Tahoe Task Force, 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.
If convicted, Kubby could face three years in a state prison, Wood said.
During his campaign for governor, Kubby advocated the legal use of marijuana for medical purposes.
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