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| Time Running Out for Medical Pot 'Refugee' |
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Posted by CN Staff on January 09, 2006 at 08:46:30 PT By Shannon Kari Source: Globe and Mail 
Vancouver -- Medical marijuana "refugee" Steve Kubby, his wife, Michele, and their two daughters are scheduled to be deported to the United States this week unless they can delay a removal order at a Federal Court of Canada hearing this morning.The family is asking for an emergency stay of the order by Immigration Canada, arguing that Mr. Kubby's health will suffer if he is deported and has to serve a 120-day jail sentence in California without marijuana to deal with his adrenal cancer. They have been in Canada since 2001 when Mr. Kubby was convicted of possession of a minute amount of mescaline and psilocin. Immigration Canada rejects Mr. Kubby's claim for refugee status and says there is no risk to the health of the Kamloops resident if he is deported to the United States. The deportation would be another legal defeat for medical-marijuana advocates and supporters of legalizing the possession of cannabis. Court rulings in recent years have upheld the criminal prohibitions against possession of marijuana as well as the system that is in place for people to use the drug for medical reasons. However, some people say this system is flawed and makes it difficult to acquire their medicine. Michele Kubby, who represents the family in court, remains optimistic about the last-ditch appeal. "If you never give up, you will never lose hope," said Ms. Kubby, who said her husband should not be deported for a misdemeanour. "You have to be convicted of a serious offence" to be deported, Ms. Kubby said. She said her husband has been targeted by U.S. authorities, because of his pro-marijuana profile and his run for governor of California in 1998 as leader of the Libertarian Party. "They have been keeping their eye on him for a long time," Ms. Kubby said. As part of their legal battle, Ms. Kubby challenged the validity of the Marijuana Medical Access Regulations (MMAR), the scheme that governs how people can possess marijuana for medical reasons. She contends it is constitutionally unsound. The British Columbia Court of Appeal ruled against Ms. Kubby last month and said she failed to present evidence "her own Charter rights regarding marijuana usage were likely to be infringed." The court also found support for the MMAR in an Ontario Court of Appeal ruling in 2003 that upheld the overall legislation, but struck down some of the sections as being unconstitutional. The Ontario court was critical of a section that permitted registered producers to grow marijuana for only one person. It described the MMAR rules as constituting "significant state interference with the human dignity of those who need marijuana for medical purposes." It ordered Health Canada to allow registered growers to distribute the drug to more than one person, so users did not have to rely on the black market. Health Canada repealed the section, but a few months later, it quietly re-enacted the exact same restriction on producers. An "analysis statement" issued with the new regulations referred to the court's ruling as "untenable" and said it would result in Canada violating its international treaty obligations to restrict the distribution of marijuana. The medical regulations also permit designated users to grow their own marijuana or purchase it from the federal government's supply, produced by Prairie Plant Systems in Manitoba. About 75 kilograms of marijuana was sold to medical users in 2005. "We can easily meet current demands," said Health Canada spokesman Christopher Williams. But Michelle Rainey, vice-president of the B.C. Marijuana Party, contests the belief that there is a sufficient supply for the 1,118 people in Canada who are currently authorized to possess marijuana for medical use. "There is not enough, not at all," said Ms. Rainey who along with Marc Emery and Greg Williams is facing extradition to the U.S. for selling cannabis seeds on-line. Ms. Rainey, who suffers from Crohn's disease, said there are other problems with the government supply, including the quality of its marijuana. "It is like prescription drugs, not every strain works," said Ms. Rainey. She noted that the government marijuana is about $200 for 30 grams, which is "just under street prices." It took Ms. Rainey seven years to be granted an exemption for medical use. Ms. Rainey said another obstacle for those interested in using marijuana for medical purposes is the Canadian Medical Association. She said it discourages doctors from giving the necessary approval so their patients can acquire marijuana. Ruth Collins-Nakai, president of the association, said "we are not taking a pro or con position. What the CMA is opposed to, is the current MMAR because we don't have the scientific evidence about the risks or benefits [of marijuana use]," Dr. Collins-Nakai said. She said doctors who approve the use of marijuana may be at legal risk if a patient suffers complications. In addition to complaints about the procedures in place for medical marijuana users, it seems unlikely that criminal sanctions for simple possession of marijuana will be eased in the near future. Note: Kubby fighting deportation on grounds he needs marijuana for his cancer care. Source: Globe and Mail (Canada) Related Articles & Web Sites: The Kubby Chronicles The Drug War Refugees Former Placer Medipot Activist May Lose Refuge Kubby Stays Positive About Medical Pot Case Home Comment Email Register Recent Comments Help |
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| Comment #13 posted by FoM on January 09, 2006 at 13:29:53 PT |
| You bring up so many good points. I want to look at this in my comment stepped back from emotion a little and try say how I look at what is happening. Since this administration and then 9/11 people that seem to push too much against the system aren't tolerated like they might have been before. This is a law and order administration and we are expected to fall in line and march to their beat. That is my observation from a distant view. [ Post Comment ] |
| Comment #12 posted by herbdoc215 on January 09, 2006 at 13:20:39 PT |
| As with my case the gov't is refusing to rule until last minute so nothing can be done to stop it...we must all get ready to try and push Placer County to try to save Kubby's life. I fear that Steve may not survive this process, especially since his case will be state to state and not federal like mine which mean he will get to play diesel therapy for next 6 weeks whilst red-neck sheriffs (like the ones who tried to trick me into signing releases so they could hold me three times to torture me more) transfer him from jail to jail and state to state with a hearing at each stop and ZERO medical care in between...21st century witch test! This isn't right, looking back upon my suffering it all just seems so needless...they really are willing to kill us over a plant that we have to have to survive! I'm begging everybody who ever thought they owed me anything to try and do all they can to get this man and his poor family some peace, please! Call, write, beg, cry, plead, bribe, trade, sell or whatever you have to do to bring this bs to an end for them. Cancer isn't anything to play with and this man really is sick, and if there is any decency left in this world then Canadians will see all we EVER wanted was a little peace...instead we have been lied about and vilified by almost every Canadian official we have come across. What is it going to take for them to wake up to the reality of this desperate attempt by us to try and live a normal as possible life with what little we have left. What is it about medical cannabis that makes us disposable, because they wouldn't let a dog be treated the way I was and Kubby is fixing to be treated! Kubby's blood will be on every Canadians hands, and the Sin of indifference will rest upon every American's soul! Peace, Steve Tuck PS...this is a little short that Allen sent me from NORML, thought some may want a preview... javascript:ol('http://www.norml.org/samsjourney.html'); [ Post Comment ] |
| Comment #11 posted by Dankhank on January 09, 2006 at 13:09:37 PT |
| I called both numbers, got voicemail, I hope their phones are melting with so many calls ...told him I was from Oklahoma. I asked Mr Volpe to save Steve Kubby's life by keeping Steve anf family in Canada. I pointed out that Canada has traditionally been a haven for those Americans who disagree with some of more egregious policies of our government, namely Viet-Nam and the drug war. I asked him not to back down, maintain independence from our madness. Every body call and say where you are from. Volpe must be taught that the whole of America is watching this. [ Post Comment ] |
| Comment #10 posted by Dankhank on January 09, 2006 at 13:04:21 PT |
| f you’re conscience is shocked at our removal and you’d like to help immediately, please call or fax or e-mail the Immigration Minster of Canada, the Honourable Joe Volpe at:
In Ottawa at: 613-992-6361 or Fax at 613-992-9791
In Toronto at: 416-781-5583 or Fax at 416-781-5586
[You can e-mail the Minister at Minister@cic.gc.ca, but calls and faxes are more effective.] The Minister has the legal right to stop this at anytime and he is bound by law to act, if removing us would, “would shock the conscience of Canadians.” Special thanks to Stephen Gordon and the members of this web site for your wonderful support. -Michele Comment by Michele Kubby — 2006-01-05 @ 8:48 am http://hammeroftruth.com/2006/01/04/drug-warriors-to-execute-another-medical-marijuana-user/ [ Post Comment ] |
| Comment #9 posted by FoM on January 09, 2006 at 12:38:49 PT |
| Alito just insulted the people in college in the 60s and 70s. He said they were privileged young people acting irresponsibly. That sounds like jealousy because he more or less said he was from a more poor background. I feel sorry for us if he gets confirmed. [ Post Comment ] |
| Comment #8 posted by FoM on January 09, 2006 at 12:15:51 PT |
| The Judge refused to issue stay. [ Post Comment ] |
| Comment #7 posted by FoM on January 09, 2006 at 12:09:14 PT |
| My stomach just did a total flip when this republican from Kansas talked about killing children with Downs Syndrome. I ask who will pay for their health care if a parent can't deal emotionally or financially with a child with Downs Syndrome. I am against abortion but men making decisions over a woman's body is wrong in my eyes. Sorry for my off topic rant but that really got to me. Let the decison be between a woman, her doctor, her family and her God. There I feel better. [ Post Comment ] |
| Comment #6 posted by FoM on January 09, 2006 at 11:59:35 PT |
| If anyone hears anything about the Kubby hearing today please post the information so we all can know too. I think I'm getting a chest cold and if I am I might not be very quick for a little while and could easily miss something important. Thanks in advance. [ Post Comment ] |
| Comment #5 posted by Sam Adams on January 09, 2006 at 10:01:59 PT |
| "Health Canada repealed the section, but a few months later, it quietly re-enacted the exact same restriction on producers. An "analysis statement" issued with the new regulations referred to the court's ruling as "untenable" and said it would result in Canada violating its international treaty obligations to restrict the distribution of marijuana." Right....gotta respect those treaties...you wouldn't want to get the "Holland treatment" from the rest of the world. The Netherlands has really been ostracized for their medical MJ distribution. The whole county has collapsed since making that move. People are starving, living in shanties. God bless Canada's government for having the courage to protect their citizens from the evil medicine. [ Post Comment ] |
| Comment #4 posted by FoM on January 09, 2006 at 09:50:32 PT |
| I am sorry about how things are going in your country. You are one of my favorite Canadians. We are good people down here but this administration has gone way off to the right and it breaks my heart as I know it breaks your heart. I didn't vote for Bush and maybe when the time comes for voting again people will see they we need doves not hawks anymore. [ Post Comment ] |
| Comment #3 posted by Toker00 on January 09, 2006 at 09:43:42 PT |
| The DEA loves murdering people in cold blood. They are heartless, ruthless, and should be disbanded. Gestapo tactics on medical cannabis users. How Nixon/Reagan/Bush/Clinton/Bush-y. (At least Carter tried) I read about another 68 year old victim of a wrong address drug raid, recently. SWAT was involved in a small amount cannabis bust. Why? To stay in practice? Why didn't regular police conduct raid? Or is SWAT our Regular Police now? What is the Libertarian Party, or individual members doing for the Kubbys'? Anything on their site about Kubby? All I can do is feel bad about his situation, and resolve to keep changing the laws. Wage peace on war. END CANNABIS PROHBITION NOW!
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Comment #2 posted by Marc Paquette on January 09, 2006 at 09:38:59 PT:
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| Dear Friends; "Bush" is Canada's Parliament "God" and we have to bow, kneel and abide by his rules..or else! Our sovereignty as an independent nation has gone down the drain since the free trade with U.S., the Patriot Act and Homeland Security. I'm really shocked and sad that a cancer patient like Steve has to fight for his right to live in Canada's highest court. Canada has granted Steve a medical marijuana exemption and our minister of health Ujjal Dosanjh should do something to protect him from being deported to his "DEATH" in the States! Our politicians should be ashamed! Marc [ Post Comment ] |
| Comment #1 posted by FoM on January 09, 2006 at 09:28:51 PT |
| I want to say what I said before. I don't know how to help with anything that happens in Canada but if you must come back we will be here for you. [ Post Comment ] |
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