|Judge Asked To End War On Cannabis Patients|
Posted by CN Staff on December 27, 2002 at 20:31:25 PT|
From Pot TV News
Source: Pot TV
SECHELT, B.C. -- All charges have been dropped against him, but Steve Kubby still doesn't have his marijuana or grow equipment. Despite a ruling from Judge Moon of Sechelt Provincial Court, the RCMP have refused to return equipment and marijuana to Mr. Kubby -- unless he picks it up himself. Mr. Kubby, who is currently recovering from high level radiation therapy, said he is disappointed the RCMP to won't return the equipment to his home, especially since he was arrested illegally in the first place.
Mr. Kubby said he is concerned there may still be underlying hostility by some RCMP officers towards anyone involved with marijuana, even if it is for legal medical use. He cites as an example of such hostility a November 27th national story, in which RCMP Sergeant Danny Willis of the Sechelt Division was quoted by the Globe and Mail as saying he opposed the return of the medical marijuana to Mr. Kubby. "That's the way the system works and we can make our feelings known but the ultimate decision is theirs [the Crown's] and we have to respect that. We don't have to like it, but we have to respect it," complained Sergeant Willis.
In order to provide protection for patients who are still being arrested and charged as criminals, Mr. Kubby has entered a recent BC Supreme Court decision (r v Heinrich BCSC2002 file # X236192 Duncan registry) that establishes certain medical rights for patients, even if an exemption has not been granted, but could be granted in the future.
In a suit pending before Judge Moon, the Kubbys are asking the court to ensure that patients who are using medical marijuana for medical purposes are not treated as criminals and dragged through the court system. Mr. Kubby said he is also determined to find a way that the Sunshine Coast Compassion Club can be re-opened, as part of an overall community plan to support sick people who must rely upon medical cannabis for relief. The Sunshine Coast Compassion club was closed recently after the RCMP threatened to arrest Lisa Kirkman, the manager and take her baby from her.
The Kubbys are calling for the creation of a new police protocol which recognizes the pre-licencee marijuana patients rights in accordance with the Heinrich decision. Specifically the enactment of "walking" seizures of patients gardens to allow the patient time to apply to the court to show reasonable medical use.
Mr. Kubby said he is still working with Crown Counsel Don Fairweather on the return of his equipment and the need for the local RCMP to respect medical patients based upon the recent BC Supreme Court decision. "Mr. Fairweather has been very understanding and we are hopeful he can help resolve these problems," said Mr. Kubby.
The Kubbys said before the raid in April, they went to great lengths to post signs and supportive medical documentation, warning that Mr. Kubby's garden was for strict personal medical use and was supported by physicians. One sign even implored police to contact his local doctor to verify his life was at stake if his medicine was taken from him.
"All these warnings, as well as verbal warnings as well, went ignored. As a result, my husband was thrown into hypertensive shock, suffering numerous high blood pressure attacks while in jail and still suffers from long term damage caused by his illegal arrest and detention," said Michele Kubby.
Michele Kubby said they are not alone in having suffered substantial damages from being raided by the RCMP and they are anxious for Judge Moon to review how sick people are being treated on the Sunshine Coast by the police.
"In addition to the false arrest, wrongful seizure and subsequent incarceration, the RCMP raid has placed us in a very precarious position with respect to our family's immigration status here in Canada," said Mrs. Kubby.
The Kubbys are scheduled to appear before Judge Moon on January 14th to set a date for a full day's hearing on the matter.
By way of background, and for the benefit of those not well acquainted with the facts, they are as follows.
-- Constable Ryan WOOD of the Sechelt RCMP obtained a warrant on April 16, 2002, based upon statements made by Steve Kubby. As quoted from the search warrant, "The Province Newspaper out of Vancouver, B.C. published an article about the Sunshine Coast becoming a refuge for American citizens fleeing marihuana related charges in the unites States. The article stated Steve Kubby, who played a key role in winning California referendum supporting 'pot' for medicinal purposes, says he packed his bags and traveled to Sechelt even after the main charges against him were dismissed. It further stated that KUBBY has adrenal cancer and uses marihuana to control pain."
-- That same day, according to Sechelt RCMP records, "Cst. LEBLEUF, arrived at 5823 Marine Way, Sechelt, B.C. with Brad STRIZL of the Immigration Section to effect an Immigration warrant on Steve Kubby. Cst. LEBEUF had a 'Feeney' warrant to search the dwelling house. STRIZL knocked and a male came to the door. STRIZL confirmed his identity as Steven KUBBYSbefore Kubby left with Cst. LEBEUF and STRIZL, he explained to Cst. LEBEUF and STRIZL, that he needs clinical marihuana to smoke because of his medical problems. He has adrenal cancer which produces lethal amount of adrenaline. He added that his doctor authorized him to use marihuana to combat this. It is the only thing that works."
-- "It is Cst. LEBEUF's belief that KUBBY has marihuana at his residence and was in fact going to get it when his wife asked if he could medicate himself prior to leaving. He was not allowed to get the marijuana."
Apparently, Cst. Wood was alerted prior to the search of the residence, that there might be a medical marihuana issue surrounding the grow operation. He believed that Mr. Kubby wished to medicate, but disallowed him and also disallowed him from taking his marihuana. Moreover, when the residence was finally searched the Sechelt R.C.M.P. came across various notices posted in the residence. The warnings stated as follows, in part:
-- "Steve Kubby is a bona fide patient with life and death medical necessity for cannabis as established by California Superior Court, the U.S. Government, I.D. from the City and County of San Francisco and the approval of a B.C. physician."
-- "Physicians for Mr. Kubby have testified in a court of law that his illness is real and that if he is deprived of medical marijuana for more than 48 hours, he will die of a heart attack or stroke."
-- "A legal team is already prepared to defend this garden, headed up by John W. Conroy, (604) 852-5220, one of Canada's top defense attorneys."
-- "Mr. Kubby is currently suing Placer County for $200 million and the arresting officers are facing civil rights violations before a federal court - all because they destroyed his last garden."
Mr. Kubby also posted the additional following warnings and information:
"All of this medical cannabis is for my use, as authorized by my doctors and the scientists who have documented my life and death need for cannabis."
"My life depends on my consuming 12 grams of cannabis per day. I can provide documentation that I will suffer a heart attack or stroke if I am deprived of cannabis more than a day or two."
"Please contact Dr. Walter Burtnick in Sechelt to confirm my medical condition 885-2384."
Apparently Cst. Wood neither spoke with John Conroy nor Dr. Burtnick as to what medical need Mr. Kubby had for marijuana and the consequences of denying him the use of his medical marihuana. Constable Wood further failed to obtain from Mr. Kubby any documentation regarding the serious and nature of his medical condition prior to seizing the marijuana and denying Mr. Kubby his use and access to his marijuana.
Mr. Kubby also had posted the following documents in the residence and which documents were seized by Constable Woods. The documents are as follows.
1. A To Whom it may Concern Letter, from Dr. Robert J. Melamede, Chairman of the Biology Department at the University of Colorado. In this letter, Dr. Robert J. Melamede advises as follows:
"Mr. Kubby's medical condition, pheochromocytoma, is normally a lethal; form of adrenal cancer. Individuals suffering with this illness typically have three-year survival expectancy. Mr. Kubby, after having had surgery for this illness in the 1960's discovered that he could relieve the high blood pressure that is symptomatic of his condition by smoking marihuana (12 grams / day)."
"High blood pressure that results from pheochromocytoma cancer cells releasing large quantities of adrenaline compounds typically results in death due to heart failure or stroke. Aside from Mr. Kubby's remarkable 25 year survival with pheochromocytoma, it is scientifically documented that stimulation of the cannabanoid receptors kills pheochromocytoma cells."
"In the case of Mr. Kubby's disease, his body cannot produce enough endocannabinoids to overcome the cardiovascular effects of the cancer induced adrenaline-like compounds. While endrocannabinoids normally are involved in reducing blood pressure, they have also been shown to kill (pheochromocytoma, glioma) or inhibit (breast, prostrate) certain cancer cells. Both of these actions are likely to be contributing to Mr. Kubby's survival.''
"It is my professional scientific opinion that if Mr. Kubby is denied the use of marijuana he will die."
b. A letter from Dr. Vincent DeQuattro, M.D., F.A.C.C., F.A.C.P., Professor of Medicine, dated February 4, 1999, in which Dr. DeQuattro, provides his opinion as follows":
"I strongly endorse that you consider supplying Steve with sufficient supplies of his specific marijuana product in or to control his life threatening disease."
"Further, your Honor, please consider the consequences of Steve's condition not being controlled. His tumor is manufacturing large quantities of norephinephrine (noradrenaline), and possibly epinephrine (adrenaline). Either compound in minute quantities could kill him instantly by causing sudden cardiac death due to arrhythmia, sudden cardiac death due to acute myocardial infarction, or sudden death due to cerebral hemorrhage or cerebral vascular occlusion."
"Faith healers would term Steve's existence these past 10-15 years as nothing short of a miracle. In my view, this miracle, is in part, is related to the therapy with marijuana."
It appears that the RCMP based their right to search the residence on the basis that Mr. Kubby was most likely in possession of marijuana, simply because he openly expressed his medical need for cannabis and because of statements he made in the media. No criminal activity was ever shown on the part of Mr. Kubby and all statements made by Mr. Kubby have since been verified.
Now Mr. Kubby wants his day in court and a chance to enact a more compassionate and lawful way to respect the rights of patients who use cannabis for medical purposes. "It's time for the war against sick people to end, especially here on the Sunshine Coast."
Complete Title: Judge Asked To End War On Sunshine Coast Cannabis Patients
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Comment #1 posted by Lady Di on August 07, 2005 at 22:42:01 PT:|
|Dr. Burtnick was a very good man, and a very caring Doctor. Im sad to report that he passed away yesterday Aug.6th, 2005...Sechelt will really miss him.|
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