The Libertarian Party gubernatorial candidate convicted on drug charges says he won't wear the electronic monitoring bracelet to keep him at home.
Steve Kubby acknowledges that means he will have to spend time in jail.
Kubby and his wife, Michele, initially faced felony charges for the 265 marijuana plants that police found at their Olympic Valley home, but those charges were dropped after the jury deadlocked and a mistrial was declared.
The Kubbys had said the marijuana was being grown for medicinal reasons, as he suffers from terminal cancer, and invoked Proposition 215, the medical marijuana initiative approved by voters.
Steve Kubby was convicted on misdemeanor charges of possessing a psychedelic mushroom stem and peyote buttons and was sentenced to 120 days of house arrest.
He wrote a letter Sunday saying he will notify authorities that the "incredible strict limitations of house arrest" would threaten his health further and violate constitutional protections "against cruel and unusual punishment."
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