Return Pot To Ailing B.C. Man, RCMP Told

Return Pot To Ailing B.C. Man, RCMP Told
Posted by CN Staff on November 27, 2002 at 07:07:11 PT
By Jane Armstrong
Source: Globe and Mail 
Vancouver -- A B.C. provincial judge has ordered the Mounties to return a batch of home-grown marijuana to American refugee claimant Steve Kubby, a cancer patient who smokes up to 12 joints a day to ease his symptoms.In the latest twist to a bizarre, cross-border legal drama that began when Mr. Kubby fled California, a federal Crown prosecutor has dropped drug charges against the Sechelt man, who says he will die if he doesn't light up each day.
Mr. Kubby has been using marijuana daily for nearly 20 years. He says it controls pain and nausea, and has stopped tumours from spreading. High-profile cancer specialists on both sides of the border have backed his claims with written testimonials.Last spring, the RCMP arrived at Mr. Kubby's home about two hours north of Vancouver, seized dozens of plants and charged him with cultivating marijuana and possession for the purpose of trafficking.Since then, Health Canada has granted Mr. Kubby a medical exemption that allows him to use and grow pot. His exemption -- the largest in Canada -- allows him to possess up to 59 marijuana plants.With that waiver, a federal Crown prosecutor on Monday dropped the drug charges and Judge Dan Moon ordered police to return Mr. Kubby's pot and growing equipment.Yesterday, at another hearing to deal with the logistics of the transfer, the RCMP suggested Mr. Kubby pick up the equipment and pot himself. Mr. Kubby declined and another meeting has been scheduled for Dec. 23.Mr. Kubby's wife, Michelle, joined him in court. The couple have two young daughters, aged 2 and 6.Since the April raid, the Kubbys have started a new marijuana operation in their garage. The equipment taken by police last spring included enough pumps, fans and hoses to fill the cab of a pickup truck.Mr. Kubby said he was thrilled about the judge's order and relieved the charges were dropped."Can you believe it? A judge telling police to give all my stuff back? Only in Canada."He said he hopes the decision will make police think twice about seizing marijuana-growing equipment from people who tend the plants for medicinal use.The RCMP weren't pleased that charges were dropped or with the prospect of returning Mr. Kubby's pot, Sergeant Danny Willis of the Sechelt Division said."That's a federal Crown decision, not a police decision," he said."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."Source: Globe and Mail (Canada)Author: Jane ArmstrongPublished: Wednesday, November 27, 2002 Ė Print Edition, Page A10Copyright: 2002 The Globe and Mail CompanyContact: letters globeandmail.caWebsite: Articles & Web Site:Pot-TV Advocate Lights Up Medical Marijuana Activist Wins Round One Medical Marijuana Licence, Canít Grow Kubby Wins Right to Use Marijuana
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Comment #1 posted by delariand on November 27, 2002 at 09:26:17 PT
Someday I'd like to hear an American judge order the DEA to return all of the property it's confiscated (read: stolen) over the years.
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