Deport Pot 'Refugee,' Federal Lawyer Asks |
Posted by CN Staff on January 10, 2006 at 06:30:10 PT By Shannon Kari Source: Globe and Mail Vancouver -- The federal government argued yesterday that Steve Kubby and his family should be deported to the United States because there is no evidence he will be denied marijuana to cope with his cancer, even if he is put in jail. "It is completely speculative to say Mr. Kubby will not receive appropriate medical care. He needs to leave Canada," said Justice Department lawyer Keith Reimer during a Federal Court of Canada hearing in Vancouver. "If he is incarcerated, the obligation of U.S. officials is to protect people in custody with adequate health care," Mr. Reimer said. Mr. Kubby, 59, his wife Michele and their two daughters are asking the court for an emergency stay of a removal order that is supposed to take effect on Jan. 12. The resident of Sun Peaks, B.C. suffers from a rare form of adrenal cancer, and his wife told Mr. Justice Yvon Pinard that her husband will die if he has to serve a 120-day jail sentence in California, imposed after his 2001 conviction of possessing a minute amount of mescaline and psilocin. Ms. Kubby, who is representing the family in court, explained that marijuana helps control the level of adrenalin in her husband's body. "His heart is at the risk of stopping. There is the risk of an aneurysm. It is a very explosive situation health-wise," she said. When Judge Pinard asked Ms. Kubby why her husband, who has been described as a medical pot 'refugee,' was not at the hearing, she replied that he was too ill to attend. "He trusts me to guard his life," she said. Mr. Kubby was originally sentenced to 120 days of house arrest, which would include electronic monitoring. Ms. Kubby said outside court yesterday the family decided to flee to Canada in 2001 because prosecutors were appealing the sentence and wanted her husband in jail. Mr. Kubby had also been charged with marijuana trafficking, following a 1999 raid of their home near Tahoe City, Calif. The former Libertarian candidate for governor in California, skiing magazine publisher and medical marijuana activist was accused of selling cannabis to compassion clubs in the Bay Area. A mistrial was eventually declared, following a lengthy and high-profile trial, when the jury voted 11-1 for acquittal. "The system worked exactly as it was supposed to. He was allowed to raise medical marijuana as a defence," Mr. Reimer said yesterday. He noted that both an Immigration and Refugee Board adjudicator and a Federal Court judge found that Mr. Kubby was not at any special risk if returned to the U.S. Ms. Kubby responded that much of the evidence relied upon by the immigration adjudicator, about the fairness of the criminal proceedings and the possession conviction, was based on testimony from Chris Cattran, the district attorney who prosecuted her husband. The prosecutor was quoted last week in a local California newspaper about the deportation proceeding. Mr. Cattran told the Auburn Journal that Mr. Kubby will be detained at the border pending his return to Placer County and could spend more than 120 days in jail for violating his probation. Mr. Cattran and jail officials in Placer County were unavailable for comment yesterday. Douglas Hiatt, a Seattle lawyer who has represented a number of marijuana patients, said it was absurd for the Canadian government to suggest Mr. Kubby will be provided with cannabis in jail. "My prediction is he is a dead man if he goes to the United States. They won't be able to get him out of jail fast enough," said Mr. Hiatt, who was at the hearing in Vancouver. Judge Pinard reserved his decision and said it might not be issued before Thursday. "Do we have to just sit and wait for a knock on the door," Ms. Kubby asked, with her nine-year-old daughter and about 15 supporters looking on in the courtroom. The judge responded that he wanted an assurance from the federal government that it will not act on the removal order before his decision is released. Note: Judge reserves decision in thorny case of cancer patient who is marijuana activist. Source: Globe and Mail (Canada) Related Articles & Web Sites: The Kubby Chronicles The Drug War Refugees Time Running Out for Medical Pot 'Refugee' Former Placer Medipot Activist May Lose Refuge Kubby Stays Positive About Medical Pot Case Home Comment Email Register Recent Comments Help |
Comment #16 posted by FoM on January 11, 2006 at 10:40:24 PT |
I was doing a search on CNews to try to refresh my mind about the time frame. Didn't all this happen before Bush got into office? I ask because the exceleration against medical marijuana laws came after Bush became president when Walters was made the drug czar and things got worse. Am I right? [ Post Comment ] |
Comment #15 posted by FoM on January 11, 2006 at 10:10:26 PT |
I'm still a little confused. MDMA isn't Cannabis and maybe isn't allowed. Could that be right? I don't mean jail but house arrest only. [ Post Comment ] |
Comment #14 posted by Dr Ganj on January 11, 2006 at 09:51:29 PT |
Although there is a provision in SB420 for the use of cannabis while in jail, nobody has ever been authorized to do so. I'll quote from SB420; "Allows probationers, parolees, and prisoners to apply for permission to use medical marijuana; however, such permission may be refused at the discretion of the authorities". Jailers cite the smoking aspect, but we all know the real reason.
See here for full text of Senate Bill 420: http://www.canorml.org So, thinking that Steve will somehow be allowed to relax at his home while on house arrest, loaded bong in one hand, and a lighter in his other hand, is absolutly absurd. I've been on house arrest, and I tested postive for MDMA, and off I went, back to jail-without collecting my $200.00. However, my point is this: Even if marijuana were legal, it still would not be allowed in jail. Since Mr. Kubby needs this as his medication, I don't think he wants to end up like Peter McWilliams, or Jonathan Magbie. He made the right choice to go to Canada, now the question is, where will he go next? [ Post Comment ] |
Comment #13 posted by FoM on January 11, 2006 at 09:21:34 PT |
I thought Steve would have only had house arrest and he would have been able to use Cannabis but it was a long time ago and I could be wrong. Does anyone remember? [ Post Comment ] |
Comment #12 posted by FoM on January 11, 2006 at 09:18:12 PT |
No problem. [ Post Comment ] |
Comment #9 posted by Max Flowers on January 11, 2006 at 09:06:12 PT |
If he knew for sure in 2001 that he would have been able to use cannabis in jail pursuant to California H&S 11362.5, then yes he made a terrible mistake by running I would have to agree. The reason is that before, everything would have been in California jurisdiction, but by running he got the feds involved, and the feds will not allow him to use cannabis in jail. But---I think the right to use medical cannabis in jail didn't materialize until SB 420 was passed, so he probably correctly figured that he would not be allowed to medicate in jail so it was just as bleak-looking for him as if it were a federal prosecution. [ Post Comment ] |
Comment #8 posted by Dr Ganj on January 11, 2006 at 09:01:43 PT |
JR-
First you must understand while under house arrest, one has to go through twice weekly urine testing. One positive result, and you're back in general population. There are no provisions for anyone to use medical marijuana in jail, or home confinement.
Steve with his adrenal cancer/over productive adrenal glands has found medical marijuana to be the one medicine that works for him. Under prop 215 his use was/is legal.
Furthermore, having to go through all of this because someone mailed in a letter saying he was growing plants in his basement is just disgusting. Can you really blame him for going to Canada? He tried to fight it in court. On the cultivation charge the jury voted 11-1 to acquit.
So, come on, Placer county wants him to do 120 days for a 'shroom cap, and a peyote button?
Would you want to return at 59 years old, sick, with two daughters and a wife, to go to jail for this? I bet not.
[ Post Comment ] |
Comment #7 posted by whig on January 11, 2006 at 08:29:55 PT |
Nobody has the right to demand that anyone martyr themselves. [ Post Comment ] |
Comment #6 posted by JR Pietri on January 11, 2006 at 07:56:55 PT:
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Kubby is paying for a bad decision. He should have stayed in California and fought for freedom instead of running to BC with his family. 120 days house arrest and he would have been able to use or eat cannabis. Instead he took the high road to Vancouver with his begging bowl in hand. He should have made his stand in Placer County and all this would have been behind him. Will he be martyred, I doubt it. I made the same decision years ago and lost all my assets, in hindsight if I would have stayed and fought I would have won. I doubt the DEA or the US Government will martyr him, but that remains to be seen. He put his family thru unnecessary harm, we need people to stand and fight not run away to the comfort zone he found in BC. Some people wait as long as 7 years to get approval in Canada, lucky Steve received his within the 12-18 months. These eople create their own problems and then want us the people to donate to their cause, I don't see it. When I was in BC for the first Toker's bowl, Kubby commented that I represent the criminal aspect of the Ganja business. Can you believe it? His karma ran over his dharma! [ Post Comment ] |
Comment #5 posted by whig on January 10, 2006 at 13:44:37 PT |
I can certainly understand why a person in severe pain would be looking for longer-acting alternatives to cannabis, and psilocybin is perhaps the longest and most effective that I know of. Mescaline doesn't actually work in that respect, but it's something to be learned from trial and error experience. In respect to all of these, I expect, Steve Kubby was seeking to treat his condition, and ought to be left in peace. [ Post Comment ] |
Comment #4 posted by Dr Ganj on January 10, 2006 at 09:06:53 PT |
Health care in the US is bad enough, but when you're in jail, it's non-existent.
I've been to jail numerous times, and all they would offer to the very ill were Tylenols.
I remember one old man, that we all thought didn't belong there, (he belonged in a hospital) looked like he was about to die, and the jailers did nothing. The police, and jailers are sadists, and they enjoyed watching us writhe in pain, and suffer.
It will be no different with Mr. Kubby.
What is really shocking, is this is all over a bust for marijuana, and since they jury acquitted him on the cultivation charge, the rotten, filthy pigs in Placer county got him on the lesser charge of possession of peyote and a mushroom cap.
To me, this only proves how cool Steve Kubby is, and on those grounds alone-having peyote, and a mushroom, he should have been given a smile, and a hardy handshake.
All these years in Canada, living in fear from the US judicial system, for what? Here is proof people, that our world is in terrible shape. How we treat people for being cool, and nice. Marijuana, a little peyote, and a 'shroom cap. God, how sad we are. What a pathetic world we have.
With stories like Peter McWilliams, Steve McWilliams, and now Steve Kubby, the future of the United States is truly bleak. Canada will be no better if they deport Mr. Kubby. [ Post Comment ] |
Comment #3 posted by WolfgangWylde on January 10, 2006 at 08:33:24 PT |
...of a lawyer: "Peter McWilliams" [ Post Comment ] |
Comment #2 posted by mayan on January 10, 2006 at 07:53:47 PT |
The federal government argued yesterday that Steve Kubby and his family should be deported to the United States because there is no evidence he will be denied marijuana to cope with his cancer, even if he is put in jail. Am I seeing things? The U.S. government giving Kubby cannabis IN JAIL??? If this wasn't such a sad situation I would be rotflmao. The world is watching. [ Post Comment ] |
Comment #1 posted by goneposthole on January 10, 2006 at 07:24:24 PT |
"If he is incarcerated, the obligation of U.S. officials is to protect people in custody with adequate health care," Mr. Reimer said. "Let them eat dung." - the words of a Federal Bureau of Indian Affairs official in the 1850's with regard to the Sioux natives in Minnesota. The state of affairs in the US hasn't changed much in the US since then, just modernity. A fine example of compassion or lack thereof that the US government shows towards humans. There are forty-five million people in the United States without health insurance. Mr. Reimer should step in and volunteer to serve Steve's incarceration. He can then witness firsthand the adequate health care provided in the United States. [ Post Comment ] |
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