cannabisnews.com: Kubbys Say Pot Was for Medicinal Use Kubbys Say Pot Was for Medicinal Use Posted by FoM on September 07, 2000 at 10:38:46 PT By Jessica R. Towhey, Journal Staff Writer Source: Auburn Journal D.A. says they were growing the 265 plants for profit.A high-profile marijuana trial began in earnest Wednesday morning as opening arguments painted the case facing a former gubernatorial candidate and his wife as either a for-possession drug matter or political persecution.Michele and Steven Kubby, the 1998 Libertarian candidate for governor, face a combined 19 counts of illegal drug possession, cultivation of marijuana for sale and possession of paraphernalia. The Kubbys were arrested Jan. 19, 1999 at their Olympic Valley home in Squaw Valley following a six-month investigation by the North Lake Tahoe Narcotics Task Force. In his opening statement, Deputy District Attorney explained how the task force, a joint endeavor of several law enforcement agencies, came to suspect the Kubbys of cultivating marijuana for sale."Recreational drugs and drug dealing – that's what this case is about," he said.According to Cattran, an anonymous letter initiated the investigation that included searches of the Kubbys' garbage and nighttime surveillance. It ended with their arrest, and the seizure of 265 plants, computer hardware that revealed accounting records showing an influx of $103,000 into personal bank accounts and accounting memos indicating San Francisco and Oakland accounts for the money.Cattran, who spoke for about 20 minutes, described for the 12 jurors and five alternates the elaborate grow operation the Kubbys had in place that included a main room with 107 flowering plants whose height reached between 3 feet and 4 feet.But defense attorney J. David Nick, who represents Michele Kubby, said the grow operation had to be sophisticated since perfect conditions of temperature, humidity and light are required to grow marijuana. Additionally, Nick said Kubby, who smokes nearly 12 pounds of marijuana a year, wound up throwing away roughly 80 percent of the crop since only the female plants produce buds, which are required for use.In touching upon the Compassionate Use Act of 1996, which Cattran referred to as a "good law in some circumstances," the prosecutor stated the Kubbys overstepped the bounds of the law by how much marijuana they cultivated.But Nick, in disputing the prosecution's case, said the illicit drugs seized act as a lifeline for Steven Kubby. During his one-hour-and-fifteen minute opening statement, Placer County Superior Court Judge John L. Cosgrove sustained seven of nine objections made by Cattran, who said Nick was presenting arguments."We believe this case is an attempt to punish Mr. Kubby for his political activity," Nick said.Kubby, suffers from a rare form of adrenal cancer, was instrumental in the success of the Compassionate Use Act. He called Kubby as "messiah" for medical marijuana patients who feel they are threatened and under attack by law enforcement.Furthermore, Nick called the narcotics task force investigation into question since officers never used a confidential information to attempt a drug purchase from the Kubbys. Confidential informants are often used in such cases, he said.The trial continues at 9:30 a.m. today in Department 10 at the DeWitt Center. After today, however, court will recess until October due to vacations scheduled beforehand. Published: September 7, 2000Source: Auburn Journal (CA)Copyright: 2000 The Auburn JournalContact: Jessica Towhey jessicat goldcountrymedia.comAddress: 1030 High St., Auburn, CA 95603Website: http://www.auburnjournal.com/Author: Jessica R. Towhey, Journal Staff WriterPhone: (530) 885-6585, ext. 143Related Articles & Web Sites:The Kubby Fileshttp://www.kubby.org/American Medical Marijuana Association http://www.drugsense.org/amma/Kubbys Painted as Drug Dealers, Targets of Cops http://cannabisnews.com/news/thread6964.shtmlKubby Trial Antics http://cannabisnews.com/news/thread6951.shtmlCannabisNews Search - Kubbyhttp://cannabisnews.com/thcgi/search.pl?K=KubbyCannabisNews Medical Marijuana Archives:http://cannabisnews.com/news/list/medical.shtml Home Comment Email Register Recent Comments Help Post Comment Name: Optional Password: E-Mail: Subject: Comment: [Please refrain from using profanity in your message] Link URL: Link Title: