cannabisnews.com: Medical-Pot Activist Freed





Medical-Pot Activist Freed
Posted by FoM on April 23, 2002 at 07:57:08 PT
By Wayne Wilson -- Bee Staff Writer
Source: Sacramento Bee
Canadian authorities released Steve Kubby on bail after three days in jail but have added new drug charges against the medical-marijuana activist and his wife, Michele.Sgt. Bryon Hodgkin of the Royal Canadian Mounted Police said a search of the Kubbys' residence in British Columbia resulted in the seizure of what he called "a sophisticated marijuana grow." Authorities said they discovered "approximately 160 marijuana plants."
The Kubbys have been living in the community of Sechelt since July 2001 when Steve Kubby failed to report to the Placer County jail to begin serving a 120-day sentence on two misdemeanor drug convictions.Police consider Kubby, 55, to be a fugitive from justice.But Kubby, a cancer patient whose doctor testified at his California trial that marijuana therapy probably saved his life, contends that a 120-day jail term without the therapy would be tantamount to a death sentence.Kubby won his marijuana possession-for-sale and cultivation trials in Placer County but was convicted of having a trace of two illegal substances, peyote and a psychedelic mushroom stem, in his Olympic Valley home.He appealed the convictions and moved to Canada, but shortly after the 3rd District Court of Appeal in Sacramento ruled April 12 that a fugitive "has forfeited his right to appeal," Kubby was arrested in Canada on immigration warrants.That led to the subsequent search of his home, Canadian authorities reported, and discovery of the marijuana plants.Hodgkin said the pot garden violates Canada's Controlled Drugs and Substances Act.He said Steve Kubby, 55, and Michele Kubby, 36, were charged with production of a controlled substance and possession for the purpose of trafficking.In a communication received by The Bee over the weekend, Michele Kubby said her husband's health "was seriously compromised" by his three-day stay in a Canadian jail.She said his blood pressure was elevated and he suffered "such severe vomiting and diarrhea that he lost 20 pounds."But she said his doctor on the Sunshine Coast told them that "no permanent damage has been done."Attorney J. David Nick, who represented Kubby at his trial in Auburn, blasted Kubby's arrest in Canada as "punitive, not for any true immigration concerns."Nick said Kubby is "not a fugitive. He's never been a fugitive." But he said Canada "apparently thinks that because his appeal was dismissed, this makes him a convicted individual subject to deportation."It's simply inhumane. ... It's not morally right (to prosecute people who are ill)."Source: Sacramento Bee (CA)Author: Wayne Wilson -- Bee Staff WriterPublished: Tuesday, April 23, 2002Copyright: 2002 The Sacramento BeeContact: opinion sacbee.comWebsite: http://www.sacbee.com/Related Articles & Web Site:Pot-TVhttp://www.pot-tv.net/Medical Marijuana Activist Kubby Arrested http://freedomtoexhale.com/sk.htmKubby Faces Marijuana Charges in Canadahttp://cannabisnews.com/news/thread12595.shtmlCalifornia Men Face Hearing in Canada http://cannabisnews.com/news/thread12562.shtmlKubby Busted While in Canadahttp://cannabisnews.com/news/thread12560.shtml 
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Comment #3 posted by Rev Jonathan Adler on April 24, 2002 at 22:35:09 PT:
Kubby fled to re-arrest! Ironic?
Aloha and Give Thanks for Steve's release. But consider the fact that he fled arrest in his home country to be re-arrested a few months later in the so-called safe zone!
 I re-interate that the only defense is total commitment to identifying the legal alternatives and pursuing them relentlessly. Peace to: Steve and fasmily and our whole world!
Amen.... Rev. Jonathan Adler
Hawaii Medical Marijuana Institute
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Comment #2 posted by p4me on April 23, 2002 at 11:11:02 PT
its all about perspective
Police consider Kubby, 55, to be a fugitive from justice.There are plenty of people that would say Kubby is a fugitive from injustice. It was not Kubby's life ambition to become a Canadian Citizen. VAAI
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Comment #1 posted by 2Spooky on April 23, 2002 at 10:19:48 PT
New Law?
Exactly how is it that the Judge ruled he no longer has a right to appeal?What law is that? My understanding is that the prosecution filed the appeal, so basically the judge is saying Kubby cannot defend?Where is the statute and caselaw on this issue? Anyone know?
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