cannabisnews.com: Deport Pot 'Refugee,' Federal Lawyer Asks 










  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. "If I deny the stay," he said, "then Canada is free to remove." Note: Judge reserves decision in thorny case of cancer patient who is marijuana activist.Source: Globe and Mail (Canada) Author: Shannon KariPublished: Tuesday, January 10, 2006 Page S3Copyright: 2006 The Globe and Mail CompanyContact: letters globeandmail.caWebsite: http://www.globeandmail.com/Related Articles & Web Sites:The Kubby Chronicleshttp://www.kubby.org/The Drug War Refugeeshttp://freedomtoexhale.com/smk.htmTime Running Out for Medical Pot 'Refugee'http://cannabisnews.com/news/thread21463.shtmlFormer Placer Medipot Activist May Lose Refugehttp://cannabisnews.com/news/thread21451.shtmlKubby Stays Positive About Medical Pot Case http://cannabisnews.com/news/thread20692.shtml

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Comment #75 posted by FoM on January 13, 2006 at 08:05:29 PT
Hope
I have a real problem with hurting even an ugly fish. If I had to kill something for food I would only be a vegetarian. I'm not a wuss though. LOL!
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Comment #74 posted by Hope on January 13, 2006 at 05:13:38 PT
According to mail from the Kubbys
They're safe for a bit longer."Because the deadline has elapsed, a new deadline must be officially 
assigned by Border Services for our Removal Order, but only after a 
decision has been reached by the judge. If the judge takes a month, 
as he has suggested he might, then that 's effectively a temporary 
stay, which is what we were seeking."
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Comment #73 posted by Hope on January 13, 2006 at 02:50:17 PT
Runruff
 "today schools are so bad even illiterate people can read and write"I never heard that saying before but it's wonderful funny. Thanks. Sounds like your granddaddy must have been a card. (That's a funny saying. A card? But you know what I mean...even if I don't.)
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Comment #72 posted by Hope on January 13, 2006 at 02:46:02 PT
Lol!
"It had weird eyes and it kept moving it's whiskers."Yeah! They do, don't they? They can bite, too. They have a row of tiny razor sharp teeth and fin ya...dang...they can cut you with their fins with the right wiggle. A catfish face is funny. Maybe catfish smilies are a good idea after all.I love to fish...except for the snakes. Aaargh. I have snake adventures...too many of them. Runruff, it would be so cool for us all to "git" together and have a fishing party and fish fry. We got to have that hillbilly Rastaman there, too. I have an idea for a recipe for catfish that you might like, Runruff. Catfish rolled in ground up Fritos and baked or fried. Bet it would be good. Might work with a nice trout, too. You probably are on your way to the fishing hole by now, Steve...but good luck...catch a bunch and have fun. 
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Comment #71 posted by FoM on January 12, 2006 at 20:45:23 PT
herbdoc215 
A Hillbilly Rastaman! Does he wear cowboy boots? I went fishing once and caught a catfish. It had weird eyes and it kept moving it's whiskers. A friend cut it loose and let it go back in the water. I told myself I'll never fish again since I have no idea what to do with a fish if I catch one. Have a great time fishing!
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Comment #70 posted by herbdoc215 on January 12, 2006 at 20:33:18 PT
Speaking of Catfish...My buddies just called
and it finally has quit raining here in Oregon to go Steelhead fishing which we've been doing last few weeks (well every chance we got which has included alot of rain) as therapy:) so we been getting up at 5 am chasing those big monster trout! Now that is as addictive or worse than any drug I ever did, the power of these steelhead are unbelieveable! One of my fishing buddies is a rasta with dreads who is in his 40's and as hillbilly as anybody in Ky., well we keep laughing at him cause he always has strangers coming up to him in the most bizzare times and places asking him if he will sell them some weed...EVERYBODY just assumes cause he has dreads he sells weed and he always is so innocently supprised when they ask him it's good for 2 or 3 hours of laughing goodness!!! Sure hope I catch a big'un as I got my lucky fishing lure joint lighter ready to go:) The old dudes at our fishing spot always make fun of us all for smoking pot which we all point out we have scripts for, whilst they are all swilling beer or brandy in public, which really is against the law...we point out the irony but I think it escapes them? The local police chief fishes here sometimes too and I think it's ironic we have to downlow our med-weed and still get dirty stares from'em while all the good ole boys drink alcohol like it wasn't nothing. But anymore I consider myself a citizen of Cascadia more than any other label...we need to make it a nation of it's own finally, from San Fran up to BC along pacific coast as we all think alike and are definately different from rest of USA. Thanks for making me smile. Peace, Steve Tuck
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Comment #69 posted by runruff on January 12, 2006 at 20:16:29 PT:
Spelling!
My grandpa said, "today schools are so bad even illiterate people can read and write". I sometimes wear that hat. It
makes me laugh at myself when I look back at some of my post and see words I've misspelled I know how to spell. It is a little embarrassing though. "Criticism" I can spell. I forgot how to spell "get " yesterday. I kept wanting to spell it "git". Maybe I'm a little dyxpalextic.
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Comment #68 posted by FoM on January 12, 2006 at 19:06:24 PT
Hope
That made Stick smile. Thanks!
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Comment #67 posted by Hope on January 12, 2006 at 18:47:36 PT
Catfish smilies
If you forget the nose you get a sideways catfish looking kind of smiley.I got to try to remember the nose. I don't see any point in catfish smileys unless we were going to have catfish tonight or if one of us were a collecter of little catfish or we were going fishing soon. I think I hear cats squalling outside.
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Comment #66 posted by Hope on January 12, 2006 at 18:41:58 PT
Runruff
"Water off a ducks back is how it affects me..."You make me smile.
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Comment #65 posted by Hope on January 12, 2006 at 18:35:11 PT
"standing up to bullies is a responsibility" 
Yes, I noticed that about you, Steve. And you get right on it, too. BGreen is the same way and of course :) Runruff...and yes...I see you sitting over there, Stick.You act like real "gentlemen" to me, and I like that. I know you'd be the same way "in person". There's not enough of you guys around. I do love a gentle man and always appreciate them. Any woman with any sense does.
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Comment #64 posted by Hope on January 12, 2006 at 18:19:32 PT
Whig, Comment 58
You're right.
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Comment #63 posted by museman on January 12, 2006 at 17:42:58 PT:
Happy Trails
Yo runfuff!Think you got to the gist of it there. Unfortunately not everyone has the benefit of the Gov. Issue boot bashing in their door to enlighten their awareness. People react in different ways to oppression. Anyone who has been blessed with the plastic benevolence of Bob Barker Enterprises is bound to get an eye opener. The question is;
How to convince a wall that it is in the way? So far I haven't seen many plans that really work. For some reason destruction of the wall just leads to the building of a bigger-better wall. Maybe we should just find a way around it instead?Freedom is and always was the issueAs for the topic, personally it seems much ado about nothing, like someone is trying to establish desperate legal precedence, but what is not clear is who is the more desperate, the 'victimless criminal' or the 'victimizing Drug Lords...oops I meant 'Drug Czars'.Paints a disgusting picture of our 'leaders' and their canine-like enforcement teams though-which isn't hard to do since they are basicly recruited from the ranks of trained killers and thieves.
http://wholeearthfamily.org
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Comment #62 posted by runruff on January 12, 2006 at 12:12:07 PT:
Happy trails to you JR.
I never really undrstood what his real message was except that he really had it in for the Kubby's. I don't ware every little slight I've ever edured like a purple heart. Everyone has an opinion and sometimes they're right some times not. Water off a ducks back is how it affects me. With a grain of salt. If a critizium is from someone respectable I concider it. I never really got JR's deal about Recreational vs, Medical cannabis. To me this issue is moot. Prohibition is the crime. Restiction of or freedoms is a crime. Tyranny should never be tolerated for any reason.
I've had freinds who have spent time in prison due to corrupt prohibition laws. It made them bitter because they knew they were not criminals and that they were being used to further someones agenda. Getting tough to survive. Some never recover from this change in themselves. They go through life looking at things in black and white. JR's hate and anger is palatable. If he could ever humble himselfe to say prayers of thanks and forgiveness his whole life would change for the better.Peace and freedom 
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Comment #61 posted by BGreen on January 12, 2006 at 11:55:19 PT
Aw, shucks Steve
We've got your back, brother. LOLThe Reverend Bud GreenBTW, if you're Brother Tuck to me, then because FoM was raised Catholic, you'd be Friar Tuck to her. LOLWe're all just a band of Merry Men and Women.
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Comment #60 posted by herbdoc215 on January 12, 2006 at 11:50:50 PT
Let me also clear up...
I also never claimed to be lilly-white and have broken a couple of eggs to make a few omlettes(:.. But I have always drawn a line at doing/involved in predatory crimes to accomplish my goals...the real word we need is "victimless". Hell my problems are with those who use the laws/patients to hide real crime. My biggest shock years ago was discovering that not all pot growers were like us and down with the cause...when a few black market growers threatened me in HumCo 1st time in 99 because they said us charging the patients less than street price meant that the patients were then expecting these guy's, their "so-called caregivers" to then sell them their years worth at these same prices. These guy's hanging certificates in their grows saying they were medical then taking it to S.F. to sell on black market was what I have a problem with. These are the people who hate me cause I wouldn't back down to their little threats many times, this isn't the first time ones threatened me. Either it's medical and it stays in white market at white market prices or it's a commercial grow...NOT both
 Medical/recreational are all concepts the pigs introduced to divide us...
"criminal syndicate", "mafia", "gangs", violence, and corruption are what I have problems with. The weed itself is blameless, it's the motives of the involved that I call into question with some people. Just like Prohibition! Power, money, ego, greed and control have no business in medical cannabis, the patients are usually at their most vulnerable and then get thrown by the gov't to these wolves has ben my main bitch all along! Making fun of me for being in withdrawl doesn't prove anything, when the chips are down and the going get's tough I've never ran from a fight in my life and ain't going to start now so bring'er on big boy but you best bring a lunch! Peace, Steve Tuck
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Comment #59 posted by herbdoc215 on January 12, 2006 at 11:22:58 PT
Hope you and FoM, BGreen, GCW, etc. are the very 
embodiment of everything I do this for...good people trying to show the human face to the suffering caused by these insane policies. As for the 'bad-guy's', if I had a nickle for everytime one of them threatened me I could finance the drug war! Everytime, I just think of all the special people this has led me too. I was always taught to take care of those weaker of less fortunate then me, so standing up to bullies is a resposibility to me that I've always taken seriously. 
Hope, that story about your grand-daughter was as touching as anything I've read...she sure is lucky to have you for a grandma. Your kindness is an ispiration. Thank You, Peace, Steve Tuck
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Comment #58 posted by whig on January 12, 2006 at 10:51:40 PT
Hope
Obviously we aren't concerned with judging people for violating the law, when the law is clearly unjust. I do not object to people making a fair living by helping others, either. It is not against any of this that I think either of us speak, but those who would profit on the suffering of others, those who would wish ill on those who have never harmed us but over a simple disagreement.The problem with some but not all people involved in underground distribution is the same problem with some but not all of the people involved in aboveground pharmaceutical businesses. In both groups, there are plenty of genuinely caring folks that just want to make life better for as many people as they can, but there are also a share of people who are more concerned for their own well-being even at the expense of doing violence to others.Let's keep the distinction clear in our minds, and always remember that even the best of us have sometimes done things we should not have, and it is always possible for people to change.
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Comment #57 posted by Hope on January 12, 2006 at 10:38:49 PT
There is a place in my heart
for the cannabis smugglers and the "dealers". I know they aren't all wonderful people. That would be impossible...but some of them are. And I have to admire their audacity and crazy risk taking. I don't "admire" most risk taking...but, naturally, the actions of some smugglers in the past have blessed my soul, body and spirit. I couldn't do it, smuggling...but it's amazing and stressful to contemplate. I can't help it...I see them as heroes in an unjust struggle. Their risk taking brought me blessings in the past...and I appreciated them and didn't despise them. I have partaken of the fruits of their works in the form of smoking some good cannabis in my life and I thanked God for it and thanked him for the people that he used to bring it to me.So yeah...I have a real soft spot in my heart for them...maybe even a pedastal for them. But of course...that doesn't mean I would enjoy their company, necessarily, just because of what they did. I certainly wouldn't enjoy their company if they were mean or hateful...which obviously...some of them had to be. It's human nature...there's one in every bunch.The smuggler is the one "outlaw" that has that Robin Hood quality to me. I'm not in the least attracted to outlaws. But the smuggler of cannabis is the one outlaw I can't help but admire.
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Comment #56 posted by Hope on January 12, 2006 at 10:18:41 PT
Kubbys
Back during the Kubby's first trial, I, along with all here, was very concerned about what was going to happen to Steve and his family.My granddaughter was about eight at the time and very precocious and thoughtful. She knew about and read about the Kubby's plight. She wanted to write to the Kubbys and offer any encouragement she could. We composed an e-mail to them and sent it. She asked me if the government knew we sent them an e-mail and if they were watching my e-mail. I told her they probably did, but not because they were watching our email but because they might be watching the Kubby's e-mail. Later, when we went to bed, we prayed for the Kubbys and talked quietly about their situation. She was more worried than I had fully realized. After the lights were out and we had been quiet several minutes, a sweet little voice said, "Gammi, I feel so bad for the Kubby's. It scary to think that the government is watching you."At eight years old, I'm sure her concept of what those in government might be doing to people was somewhat different than mine, but she hit it dead center. It's scary to think anyone is hiding and "watching" you and your family. The Kubbys didn't kill anyone. They didn't steal from anyone or threaten anyone's life or limb or freedom. Government has grown too big and nasty when they have time and resources to watch what you grow or consume. I'm fine with them watching out for terrorists and murderers and thieves...but they have no business "watching" or going after people like the Kubbys.Mr. Peitri, the best "heroes" in our lives are usually quiet unassuming people who just want to help and don't really need any adoration to prove their worth. They know their worth. You are old enough to know your own worth as a human being. I can read enough about you and by you on the internet...I even found your picture, to get an idea of who you are. You're a citizen of the world, I can see, a world player, if you will. I'm a housewife in rural Texas and I've got no business giving advice to a real world player like yourself, but dang...I'm just going to do it anyway.You're obviously intelligent and well spoken...but ask yourself if you are wasting your power and energy by allowing yourself to feel petty vindictiveness toward someone who "slighted" you with a comment. Kubby may dislike you and you obviously dislike him, but be a better person than to take part in any feelings that have the scent of shadenfruede toward Mr. Kubby and his family or Steve Tuck. All of us here have known Mr. Tuck and his travail for a long time. He's a friend. We love and care about him. I am hurt and offended by your remarks toward my friend. Have you ever been so sick or in pain that tears just shot out of your eyes? I have. I am hurt and offended by your remarks...but I don't want to carry around and nurture that ball of pain and anger into something uglier than it already was. Feel it...say what I feel about it if necessary...and give it up and try to move on to better things... is the best course of action in these situations. Even someone as gifted as yourself has faults. People with faults...which of course, includes everyone, should be forgiving and tolerant of other people. Kubby and my dear Steve dislike you. So what? Prove to them all that you are a decent person, by your actions and words and not really the horse's ass they apparently perceive you to be.As far as your past and what you want your future to be...you can't force people to accept you as you want to be accepted. Surely you are mature enough to realize that you simply cannot force others to like you. It takes a lot of patience and time to change someone else's inner thoughts about what kind of person you are and if they already perceive you to be something you don't want them to see you as, it will take even more time and patience to change their perception of you. If you want to change their perception of you...then you have to work at it...if you don't...then forget it and put down that burden. Those sorts of burdens tend to grow if you hang on to them and carry them around in your heart.Still hoping for the best for the Kubbys and, of course, my dear cyber/spiritual friends, Runruff and Steve.FoM follows a strict code...a Biblical one, in fact, that "the trouble maker" be "cast out from among you". Sorry you got boosted...but you can't come into a room attacking those that the people in the room are worried about...and expect to be welcomed. Sorry. Wish you could have joined our discussion. Should have stuck your toe in the water to check the temperature before you jumped in.Everybody keep working. Keep fighting to change the unjust laws that are hurting so many people.
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Comment #55 posted by whig on January 12, 2006 at 09:52:31 PT
I know he's gone...
But I want to summarize where I think he stands:"The major syndicates that I was once part of supplied medicine to the people, we were allways amazed that it was illegal. We feared legalization..."So we all know what sides we're each on.
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Comment #54 posted by FoM on January 12, 2006 at 09:10:57 PT
BGreen 
You see for me I have to get up early in the morning and walk a few miles and I finally get there. I check my e-mail then have this long walk back home. I wish it was just a little easier! LOL!
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Comment #53 posted by BGreen on January 12, 2006 at 09:08:49 PT
How far do you have to go to check your email?
I haven't checked my e-mail but I am on my way soon.I thought I lived in the country, but danged if I don't have this picture box sitting in front of me that does the leg work for me. LOLThe Reverend Bud Green
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Comment #52 posted by FoM on January 12, 2006 at 08:08:43 PT
herbdoc215
Steve and Michele Kubby and what might happen to them is very important. I haven't seen anything yet but I haven't looked closely so far and I haven't checked my e-mail but I am on my way soon.
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Comment #51 posted by herbdoc215 on January 12, 2006 at 08:04:02 PT
FoM, It's all cool as this is bs we've had
to deal with since day one of working with center in HumCo, we used to get some real characters everyday either telling us how we are ruining prices, threatening us, playing all sorts of ego trips with all sorts of side agendas...thats why Lucy did most of the dealing with the public and me with the horticulture.
 Now back to Steve Kubby...he still needs our help. Peace, Steve Tuck 
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Comment #50 posted by FoM on January 12, 2006 at 07:58:06 PT
BGreen
How are you sweetie! That's so cute. Thanks. I love all the regulars that post here and I really care that no harm comes to anyone including myself. We are making progress step by step and to me that's a miracle considering the times we are living in. Have a great day down in Misery! LOL!
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Comment #49 posted by BGreen on January 12, 2006 at 07:53:59 PT
Hi, FoM!
How are you today, sweetie?Everything is warm and green down here in Misery. LOLI'm just going to light some incense, take a deep breath and hold it for a few seconds, and then I'll feel better.Have a good day!The Reverend Bud Green
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Comment #48 posted by BGreen on January 12, 2006 at 07:48:56 PT
Goodbye, JR
I'd like to say it was nice knowing you, but you've got a lot of personal problems you need to deal with.The Reverend Bud Green
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Comment #47 posted by FoM on January 12, 2006 at 07:48:07 PT
herbdoc215 
Don't bother to respond. He didn't read what I said and he can't post here anymore.
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Comment #46 posted by FoM on January 12, 2006 at 07:45:31 PT
herbdoc215 
What I do is take a deep breath and wait and think. I have learned that keeps me from getting caught up fighting with anyone. I really have a hard time with what has happened to our country since this administration has been in charge. I turn off the news and put on music and stop dwelling on what upsets me. That's how I deal with it all.
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Comment #45 posted by JR Pietri on January 12, 2006 at 07:41:30 PT:
Steve Tuck
Wasn't it Dennis Peron who said all marijuana use is medical? I proved my point and you can't handle the truth. Your reputation in Humboldt has nothing to do with what you say, it goes a little deeper. I am close to Humboldt and pray I run into to you! 1-The whole med pot scene has been infiltrated by cointelpro operations. 2- Your so called leaders some of which who voted for the Drug War and Richard Nixon are a bunch of pompous asses who I wouldn't follow to the bathroom! 3-It's about ending the Drug War and releasing all drug war victims! 4- Anything you call your own medicine should be legal. 5- All drug use is self medication. 6- I saw your little bitch crying routine in BC and you would not want to run into me. 7- I am a med pot patient as is my wife who is crippled and my uncle who is dying from bladder cancer. 8- I have had to change my life and recreate myself into the person before you! 9- Everyday of my life I surround myself in truth and clarity! 10- I have been on that diesel tour as well as con air, hand cuffed to gang bangers, which by the way I find an offensive term due to the socio econonomics in the good old USSA. 11- The only real person I met in BC was Ken Hayes, a true soldier in the drug war. 12- I am tired of idiots like you and others that come with their begging bowls when they themselves created their own problems. 13- Mr. Suck you are unknowing of the problems before us all. You all can't handle the truth and that is why I avoid the Med scene like the plague. JR
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Comment #44 posted by herbdoc215 on January 12, 2006 at 07:40:23 PT
I'm sorry for not explaining more...
as I have a really bad habit Lucy say's of assuming that everybody has read everything I have and never context things worth a crap:) I should have been more verbose in my response but my grammer is severely lacking these days as I am out of practice typing but I'll try harder next time to not fire from the hip...I should make myself wait 30 minutes before posting anything as that way I might proof read myself and actually make sense for once. Have a nice day, we been getting flooded so long here I'm fixing to start me an ark if it doesn't stop this week. Peace, Steve Tuck
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Comment #43 posted by herbdoc215 on January 12, 2006 at 07:33:17 PT
I hate to say it but until we deal with the 
problems that were created by prohibition we'll never legalize nothing. We also have to show 'straight' America that we are normal sane people, not profiteers who are willing to break any law we don't like to make a buck??? This is the very sort of discussion I want them to see, because it shows the mojority of us don't think like them! Peace, Steve Tuck 
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Comment #42 posted by FoM on January 12, 2006 at 07:31:44 PT
herbdoc215
I don't read books and I don't know who he is. We are fighting so very hard to change the laws that has been my only focus. I will ban him if he comes back with another flame. You've been here a long time and I know that you will censor yourself. Most people that read and post here live in an area where just a tiny little bit of cannabis could put them behind bars. The only important thing to me is to help change the laws. There are web sites that talk freely about this aspect of our issue but I avoid those sites.
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Comment #41 posted by herbdoc215 on January 12, 2006 at 07:23:33 PT
FoM, Everything I have said was written about
by JR in his own book which I am sure this is all about publicity for so I won'tmention the title...but there are no new revelations being discussed here just the darker side of the cannabiz. Sorry to startle you but I'll chill, I just hate seeing posers kicking those who are really down is all. Peace, Steve Tuck
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Comment #40 posted by FoM on January 12, 2006 at 07:16:56 PT
An Important Comment
My purpose for CNews is to help change the laws. What is being discussed is illegal and we know not just our side reads this site. I don't want to hear anymore about the illegal side of this. I won't tolerate a flame war. 
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Comment #39 posted by herbdoc215 on January 12, 2006 at 06:03:19 PT
Hope, This doesn't really fall under Med Vs Rec
It falls more under...wannabe rock star or maybe some ego shit but definately not Med vs Rec...because to me Recreational isn't International smuggling rings involving corruption, murder, payoffs, and shipping God knows what to God knows where with no thought of nothing but money! To compare that to a mom and pop grow is silly at best and what screws us at worst! We have tried to convince people for 10 years we were different than these people. As for HumCo, (and last few years BC as well) the scene has changed and a bunch of REALLY bad people are moving into biz BUT they ain't nothing but talk and I ain't scared of a damn one of them. Hells Angels, european mafia, etc. and I ain't down or cool with ANY of them lowlife bastards. And after being back two months so many of those pissed people who talk so much shit on net have dodged me like the plague so they are like you and all talk, it's easy to sound tuff on the internet! I was no boy scout as a kid and had my wild days but just because I grow medical pot doesn't mean that I'm a criminal or approve of their shit! These are the very predators who have fought our every move worse than the pigs! Your glass homeboy and I can see right thru your player-hating as you came to BC acting all bigshot and got blown off. Peace, Steve Tuck
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Comment #38 posted by BGreen on January 12, 2006 at 05:54:02 PT
Boy
I thought I carried a grudge, but at least I don't take some sick pleasure out of people suffering due to some sort of cosmic reciprocity.Sick people are angry because they can't get their medicine, and sometimes that anger is displaced.We're only human, you know.I happen to believe that there are a lot of so-called recreational users who are actually treating underlying undiagnosed problems, and so a great deal more cannabis use is actually medicinal than most people assume.Regardless of any differences in opinion, I've said a lot of prayers and shed many tears for Steve Tuck and Steve Kubby, and I will continue to do so with a compassionate heart and a clear conscience.The Reverend Bud Green
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Comment #37 posted by JR Pietri on January 11, 2006 at 23:02:50 PT:
Kubby
Thank you so much. You see you stir the pot and out comes the truth, out comes clarity. Unity is hard when so many are confused. JR
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Comment #36 posted by Hope on January 11, 2006 at 22:45:03 PT
Med vs not exactly "med"
J. R.,We don't talk here too much about the med versus recreational aspect of cannabis use. Some of the hemp people, and some of the med people can can seem to look down on the ones who just want to stop the persecution of anyone who uses cannabis, whatever the reason. That's why I'm in it. No one should die over it or because they can't get it. No one should be persecuted, bound, put in jail, robbed, or be mistreated because of the use of or possession of the plant or it's flowers, or seeds or resin or anything. It' an amazing and astounding plant. It is one of the many very good gifts of the the Creator, or nature, if you don't believe in a Creator. It's a profoundly beneficial plant for many, many people. Some people don't care for it and some people despise it. That's their business, but no one should be mistreated for using the plant...ever... in any way.We should ALL stand together against anyone who would harm anyone over that plant, or it's use...whatever the reason.I am very concerned and worried about the medical needs people, but I am, like you, J. R., not one to dishonor those who broke an unjust...unGodly even, law to obtain their medicine or enhancement of choice. I want all the injustice caused by it's prohibition to end. Now. Yesterday.As soon as possible.
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Comment #35 posted by JR Pietri on January 11, 2006 at 22:16:30 PT:
Steve Tuck
Thank you for posting my article Hope. Isn't it tragic that Steve Tuck considers anyone other than Medical marijuana patients crooks. This continued hypocrisy is why marijuana is illegal. People have been supplying medicine ie marijuana for many generations, myself since the 1960's. I never considered myself a crook. In fact the marijuana business was one of the most honest businesses I have ever seen! Mostly done on handshakes and trust. I guess they're doodoo doesn't stink. It's even funnier for me to see respected members of the so called med pot scene haven voted for the drug war and Richard Nixon to boot! Did not Louie Armstrong call marijuana his medicine and would you call some one who supplied him a crook. Funnier yet Mr. Tucks reputation in Humboldt County, where some folk want to lynch him and call him a major ripoff! I do not wish any harm to Steve Kubby his wife or his family, what I am doing is pointing out the hypocrisy on the scene. Frankly the only American I met in Canada I respected was Ken Hayes!I do not preach unity! I preach clarity. People have used cannabis for thousands of years because it made them feel good and will continue to do so irregardless of the law. The major syndicates that I was once part of supplied medicine to the people, we were allways amazed that it was illegal. We feared legalization and the take over of the business by the big Tobacco corporations. This infact has happened, have you ever been to Amsterdam or a Cannatrade show? Or the Cannabis magazines that promote equipment that does not work, they're interest being only the advertizement dollars!! Certainly the integrity in that industry is at an all time low, where as we took pride in the medicine we brought to market and risked our lives as well. Some of us are still doing life in prison. Or Billy Geer who has done 17 hard years so far. When they shut down the good old boy marijuana syndicates that operated in the 1960's thru the 1980's we had a baby and it's called home grown. One scene led to another. That is fact my friends. Peace and alot of Pot JR
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Comment #34 posted by whig on January 11, 2006 at 21:35:03 PT
What Kubby said to JR
"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!"A good man said this of you. You should check yourself.
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Comment #33 posted by whig on January 11, 2006 at 21:31:04 PT
JR Pietri
So let me understand, you make a living selling pot, and you think people who use marijuana for survival ought to suffer for your sake?
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Comment #32 posted by FoM on January 11, 2006 at 21:09:16 PT
Hope
Thank you. I never heard of him until he posted here today. 
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Comment #31 posted by Hope on January 11, 2006 at 21:00:38 PT
Interesting article by J.R. (Joe)
http://www.counterpunch.org/pietri02232005.html
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Comment #30 posted by FoM on January 11, 2006 at 19:26:46 PT
herbdoc215
It's ok. Everyone is concerned about the Kubbys and we should be supportive of them thru this. I look at things we do in life as learning experiences not necessarily right or wrong most times. A friend is a person who looks at the big picture. A friend wishes no harm. I consider the Kubbys friends even though I don't really know them.
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Comment #29 posted by herbdoc215 on January 11, 2006 at 19:16:26 PT
This really burns my ass!!!! JR, why now??
The man has been in Canada for almost 5 years and this website has been here for longer than that cause I been a member for lang I I can remember AND this so-called slight happened 4 YEARS ago and yet you pick now to bring this shit up in a public forum where we are trying to garnish support for his freedom. Why the hell now of all times. The man has maybe 48hrs in Canada, hell for all you know to live. If he dies I'll make you eat those words....mark mine!!! Peace, Steve TuckPS...sorry to fight here FoM but this is bs!
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Comment #28 posted by herbdoc215 on January 11, 2006 at 19:02:56 PT
JR, That's mighty white of you? In public no less.
Over a percieved slight to boot also, never seen a player-hater yet who wouldn't kick a person whilst they where down. I'd say to compare a major International smuggling ring such as described by yourself, with a cannabis activist and patient is a bit absurd in the least...but that very thinking is in itself so cop-like that I am amazed? Do you not see how thats walking straight into the DEA propaganda machine. No matter what you think about reasons why we sought refuge in Canada, because I've seen first hand myself why I went to Canada and how right I was about what black market people were doing to us in colusion with the pigs...two peas in a pod if you ask me...crooks and cops! Can't you at least let the man's family get safe before you start trying to pout next time??? Peace, Steve Tuck
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Comment #27 posted by FoM on January 11, 2006 at 13:03:11 PT
Just My Thoughts
We always are reminded what about the children. I know not everyone agrees with the way Steve went about this but that was then and this is now. I do think about the children. I think of the trauma that could happen to the Kubby's children over all of this. I don't have any idea what the outcome will be but I hope it is the least difficult one.
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Comment #26 posted by Dr Ganj on January 11, 2006 at 12:53:00 PT
Kubby News From MarijuanaNews.com
From Richard Cowan's website:   
 Top Story: Immigration Canada Continues Its Cover-Up Of Fraud in Refugee “Protection” Process. Steve Kubby’s Death Would Not Be Irreparable Harm? Call the DA. 
Posted by Richard Cowan on 2006-01-10 16:20:00 
Source: 
 Posted January 10, 2006 Update ! Vancouver Member of Parliament Libby Davies urges Government to let Kubbys stay! Letter to Deputy PM.For text see
http://www.kubby.com/LibbyDaviesLetter.PDF Analysis by Richard Cowan
See
Steve Kubby Is the Only One In This Story Who Has NOT Broken The Law, But He Faces the Death Penalty.  A Canadian Federal Judge, Yvon Pinard, said yesterday that he would decide in a few days or a few weeks whether or not to stop Immigration Canada’s attempt to send Steve Kubby to die in an American jail.I attended the Court hearings, and after years of watching various officials with Immigration Canada distort the truth and sometimes outright lie, I was still surprised by their brazenness. According to Keith Reimer, the counsel for Immigration, US prisoners get excellent medical care. (The next time I get sick I am going to get myself arrested instead of going to the doctor. Maybe that is why the US has the world’s largest prison population. It’s a part of the Bush/Cheney health care plan, and Guantanamo is a spa.) He also claimed that Prop 215 and SB 420 would “protect” Kubby by allowing him to use cannabis, even in jail. This lie was refuted by the Kubbys in the refugee hearings, but Reimer still mumbled about it in court.However, section 11362.785.(a) says, “Nothing in this article shall require any accommodation of any medical use of marijuana on the property or premises of any place of employment or during the hours of employment or on the property or premises of any jail, correctional facility, or other type of penal institution in which prisoners reside or persons under arrest are detained. (b) Notwithstanding subdivision (a), a person shall not be prohibited or prevented from obtaining and submitting the written information and documentation necessary to apply for an identification card on the basis that the person is incarcerated in a jail, correctional facility, or other penal institution in which prisoners reside or persons under arrest are detained. (c) Nothing in this article shall prohibit a jail, correctional facility, or other penal institution in which prisoners reside or persons under arrest are detained, from permitting a prisoner or a person under arrest who has an identification card, to use marijuana for medical purposes under circumstances that will not endanger the health or safety of other prisoners or the security of the facility.In other words, SB 420 does not require that prisoners be allowed to use medical cannabis, but it does not prohibit it either. The chances of a prisoner being allowed to use medical cannabis in a California prison are slim to none.
See
Davis Makes SB 420 The Law – For Now. California Medical Cannabis Movement Split, But So Are The Narks. Analysis by Richard Cowan Steve’s wife, Michele, accused Immigration Canada of wanting to use her husband in a medical experiment. Will he really die if he is deprived of cannabis, as the oncologist chosen by the Immigration ministry says? (Dr. Joseph M. Connors, the leading specialist in BC for Steve’s type of cancer – who was chosen by Immigration Canada, not by the Kubbys – has repeatedly said that Kubby needs cannabis to live.) Michele is under enormous pressure, but perhaps the worst part for her is the shear senselessness of it all. Why is the Immigration Ministry’s bureaucracy so intent on kicking them out of Canada?Of course, I don’t know the answer to that, but I am reminded of the Washington wisdom that came out of Watergate: “It’s not the crime; it’s the cover-up.” Right now the Ministry seems focused covering up the massive fraud in its “refugee protection” process. They have to keep lying. As in the above reference to SB 420, Immigration Canada has consistently misrepresented the most basic facts in Kubby’s case, and they continue to do so, especially in the Ministry’s response to the court challenge to the so-called Pre-Removal Risk Assessment (PRRA).There are three grounds for a challenge to a removal order following an adverse PRRA decision. First, they have to raise ‘a serious issue to be tried with respect to the PRRA decision.'The Kubbys have shown that the bureaucrat that did the PRRA lied when she said that she was “unable to find any trustworthy and independent sources to corroborate that (Steven Tuck, another medical marijuana refugee who was held in custody in Washington State for a week without any medical care, even antibiotics) was not given proper medical attention while jailed.”
See
Steve Tuck Released From Custody To Get Medical Care. Must Report To Humboldt to Face Charges for Growing Medical Cannabis After He Gets Out of the Hospital. His Health Has Been Badly Damaged. In fact, she never contacted the attorneys who had provided affidavits swearing to the facts, or the doctors who treated Steve Tuck on his release from jail. In other words, she lied. Douglas Hiatt, the attorney who got Tuck out of jail in Seattle and took him to the hospital, came up for the hearings, but was not allowed to testify. Instead, he spoke to the Canadian media afterwards. He said that Steve Kubby “is a dead man,” if he is forced to return to the States. In fact, he would be subjected to even worse treatment than Tuck received, because he could be shuttled around for weeks before he was returned to California. One of the least known abuses in the US “criminal justice system” is what the prisoners call “diesel therapy.” Non-violent cannabis prisoners can spend weeks on old buses (diesel fumes) chained to gang-bangers. (Ironically, the federal warrant for interstate flight may have saved Steve Tuck’s life, because he had to be moved to California sooner. However, the feds use diesel therapy themselves as a “disciplinary tool” to punish prisoners who stand up for their rights. Todd McCormick was “dieseled” more than once.
See
Unequal Injustice: Rosenthal Sentenced to One Day, As Others Continue To Have Lives Ruined By Multi-Year Sentences. Analysis by Richard Cowan In his written response, Reimer actually tried to cover up for the bureaucrat’s deception by citing a Seattle prosecutor: “Furthermore, the affidavits regarding Mr. Tuck's experience are contradicted by other evidence including evidence specifically about medical treatment available to persons in custody in the State of Washington from Daniel Sattersberg, Chief of Staff of the King County Prosecuting Attorney's office.”Of course, he would have to say that, but such a general statement of policy does not ‘contradict’ the specifics in Tuck’s case. In fact, there are multiple ongoing investigations of the mistreatment of prisoners in King County jail. The Reimer’s written response even says, ‘It is noteworthy that when Mr. Tuck returned to California, the state did not pursue most of the charges against him. Instead, he was convicted only of four misdemeanor counts of failure to appear, placed on probation and ordered to pay a fine.’ Yesterday, Reimer even repeated this argument in his rambling rehash. In fact, this is precisely what Tuck had repeatedly said would happen. It is a part of the written record of Tuck’s Refugee hearings from the beginning. He has always said that he was not afraid of facing charges for growing medical marijuana. What he feared was being held without proper medical treatment. And that is precisely what happened. It is a measure of the dishonesty of the Ministry that they would seek to twist the facts in Tuck’s case to justify subjecting Steve Kubby to the same abuse. It nearly killed Steve Tuck, who is still recovering, and will almost certainly kill Steve Kubby.
See
Steve Tuck Is A Free Man. Vindicated. Recuperating from Five Year Ordeal. Will Return to Mining Business in Canada After First Of Year. Moreover, notice that there is no mention of medical cannabis in this statement, which is the only medicine that Kubby needs. The Ministry knows perfectly well that US jails and prisons do not allow the use of medical cannabis by prisoners, so they avoided that one crucial question. Why?Second, incredibly, the Ministry says, that Kubby had not established that he would ‘suffer irreparable harm’ if the removal is not stayed. Is death not ‘irreparable harm’? The Ministry again claimed, ‘Mr. Kubby had not established that he would be incarcerated if he returned to the United States.’Michele Kubby pointed out that last week, Chris Cattran, the Prosecutor in Placer County, who used perjured testimony to get the warrant that led to the raid on the Kubbys’ home, told the Auburn Journal newspaper that Kubby will be arrested at the border and then jailed for at least 120 days, when he is finally transported to Placer County, which does not allow the use of cannabis in its jail. When it suits them the Ministry cites a statement of policy by a prosecutor as gospel fact, but when it does not fit the spin, they ignore it. Now the Ministry says that there is no risk in returning Kubby to the mercy of the people who began his family’s ordeal six years ago.The Ministry says, ‘The Applicants must show that the irreparable harm alleged is not speculative or based on a series of possibilities. The Applicants must satisfy this Court that the alleged harm will occur if their return to the United States is not stayed.’ Given the statements by Dr. Connors and the Placer County prosecutor, this is clearly not ‘speculative.’ Nor is the problem confined to Seattle or Placer County, for that matter.On October 11, 2005, the Los Angeles Times reported:
‘Earlier this year, U.S. District Judge Thelton Henderson reported that at least 34 inmates had died recently because of neglect, incompetence and "even cruelty" by medical staff. Henderson's action followed a lawsuit by the Prison Law Office.‘On a tour of medical facilities at San Quentin, the judge observed a dentist who neither washed his hands nor changed his gloves after placing his hands in patients' mouths. ‘On average, an inmate in one of California's prisons needlessly dies every six to seven days due to constitutional deficiencies in the … medical delivery system,’ Henderson said.” Would the Ministry argue that a US Federal Judge is biased?Finally, in this context, it is bizarre that the Ministry would argue that ‘the balance of convenience favours’ Kubby’ removal.’ Would it really be more inconvenient for the Ministry if they stay, than it would be for Steve Kubby and his family if he dies in a California jail?I do agree with the Ministry in its conclusion: ‘This is not simply a question of administrative convenience, but implicates the integrity and fairness of, and public confidence in, Canada's system of Immigration control.’“Precisely! The people of Canada should not have confidence in a system that would lie to justify killing a cancer patient.” Over the last few years I have personally witness how intellectually and morally bankrupt this system really is.It is now up to the people of Canada and America to stop a murder from being committed in their names. Call the Prosecutor:
The Placer County District Attorney is Bradford R. Fenocchio. 
http://www.placer.ca.gov/da/ Ask for either Chris Cattran, the Assistant DA, or Mr. Fenocchio.Be polite but demand to know if Placer County is going to jail Steve Kubby and, if so, will they allow him to use marijuana in jail, as recommended by his doctor.Mailing address:
Placer County District Attorney
11562 B Avenue
Auburn, CA 95603 Voice: (530) 889-7000 
Fax (530) 889-7129 Fax and phone is better, but Email is better than silence: bfenocch placer.ca.gov 
 
 
http://www.marijuananews.com/news.php3?sid=877
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Comment #25 posted by JR Pietri on January 11, 2006 at 12:38:53 PT:
Kubby
He runs away from being judged and then when he lays his eyes on me he judges me! This kind of hypocrisy is why marijuana is still illegal, sorry folks he gets no compassion from me. Joe Pietri Ganja criminal
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Comment #24 posted by runruff on January 11, 2006 at 12:11:22 PT:
Kubby vs. JR
I don't know wether JR is a crininal element or not. Certainly his involment in cannabis is not a measure of his integrity. Prohibition is the crime. I can't judge Kubby for going to Canada or anyone who is trying deperatly to survive tyranny. I know that less judgement and more love never hurt anybody. If JR is an herb vendor I say be kind, be fair and prosper without any more intrusion from evil forces. I wish Kubby good will. If his initial chioces were not his best choices I hope all will turn out well for him anyway. After all why should he suffer bad laws? 
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Comment #23 posted by JR Pietri on January 11, 2006 at 12:02:54 PT:
Kubby
If you have a prescription for marinol and you use brownies or smoked medicine does it not come up the same in urinalysis? Could they have prevented him from using marinol? If not could he have gotten around it? Certainly the atmosphere has harden since he became a fugitive and it became a Fed case. I think as much as it was his illness, his ego was as much to blame. Since he did not consider himself a criminal! Yet he considers me the criminal aspect of the Ganja business. I were my felony jacket like a badge of honor so do my friends who were in the same position. Ganja Criminal!
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Comment #22 posted by FoM on January 11, 2006 at 11:29:12 PT
Dr Ganj 
I know what you mean about picking where we live. There are states in the nation that are so restrictive that I don't believe I could live there. I agree that different areas in states can be different too. I'll stop looking since you're right his lawyers would know.
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Comment #21 posted by Dr Ganj on January 11, 2006 at 11:22:52 PT
No Vapor Hits In Placer County Jail
FoM-
I'm sure Steve's legal team have thought of all these avenues, but you fail to understand how callous, and mean these people are in Placer county. There is no way they'll allow him to use cannabis there. Period.
What they should do, is drop all the charges, and get to fighting real crime. But no, nefarious people like them enjoy this demented torture. I've seen it first hand.Maybe if his case were in Oakland, or San Francisco, would he have some compassion, and understanding.
One day we'll have a similar test case from one of those cities, but for now we all must be careful where we choose to live!
You don't see me living in Auburn! (Placer County).
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Comment #20 posted by FoM on January 11, 2006 at 11:08:40 PT
Dr Ganj 
Thanks for the offer but I don't think you are at all wrong about the use of medicinal cannabis while incarcerated in a jail. I'm trying to figure out if someone said he could use cannabis while under house arrest. If I find it that means that maybe he will be able to use cannabis if he is forced to return to the states and might get house arrest again. That's what I want to know. 
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Comment #19 posted by Dr Ganj on January 11, 2006 at 10:53:15 PT
Big Joints In The Joint
FoM-I'll send you a crisp $100.00 dollar bill if you can find one instance where anyone, anywhere, in the US in the past 30 years has been allowed to use/smoke/ingest cannabis while incarcerated!
I don't even think Marinol, which is now schedule III has been allowed.
Would Marinol help Mr. Kubby? Probably not, as he needs the spectrum of active cannabinoids for relief, I suspect.
Start your search!:-)
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Comment #18 posted by FoM on January 11, 2006 at 10:46:52 PT
Dr Ganj 
I can only imagine how it must have been for you. I thought for sure on one article somewhere it said something about the use of Cannabis while under house arrest but I haven't found it so far. I'll keep looking and if I find something I will post the link. 
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Comment #17 posted by Dr Ganj on January 11, 2006 at 10:42:54 PT
THC Screening
FoM-Sorry about the mix-up.
What I meant, if anyone is tested for drugs while on probation, or house arrest, they will be violated. In Mr. Kubby's case, he would not be allowed to use marijuana, and would be sent right back to the main jail if he tested positive. I just can't imagine Placer county would be the first jail in the country to allow cannabis use. It would certainly be appealed by the feds, and his use blocked until the courts would ultimately rule against him.
 
In my case, I didn't think the ecstasy I took would be screened for. I guessed wrong, and ended up doing several more months surrounded by vile, repugnant jailers. 
The highs and lows in life are extreme, indeed. Wow, do I know that......
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Comment #16 posted by FoM on January 11, 2006 at 10:40:24 PT

Another Thought
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 acceleration against medical marijuana laws came after Bush became president when Walters was made the drug czar and things got worse. Am I right?
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Comment #15 posted by FoM on January 11, 2006 at 10:10:26 PT

Dr Ganj 
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.
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Comment #14 posted by Dr Ganj on January 11, 2006 at 09:51:29 PT

Cannabis Use While Incarcerated
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.orgSo, 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? 
http://www.canorml.org
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Comment #13 posted by FoM on January 11, 2006 at 09:21:34 PT

Question
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?
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Comment #12 posted by FoM on January 11, 2006 at 09:18:12 PT

Max Flowers
No problem.
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Comment #9 posted by Max Flowers on January 11, 2006 at 09:06:12 PT

Steve Kubby
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.
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Comment #8 posted by Dr Ganj on January 11, 2006 at 09:01:43 PT

Marijuana While On House Arrest-Yeah, Right
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.
 
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Comment #7 posted by whig on January 11, 2006 at 08:29:55 PT

JR Pietri
Nobody has the right to demand that anyone martyr themselves.
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Comment #6 posted by JR Pietri on January 11, 2006 at 07:56:55 PT:

Kubby
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!
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Comment #5 posted by whig on January 10, 2006 at 13:44:37 PT

Dr Ganj
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.
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Comment #4 posted by Dr Ganj on January 10, 2006 at 09:06:53 PT

US Health Care 
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. 
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Comment #3 posted by WolfgangWylde on January 10, 2006 at 08:33:24 PT

I have two words for the lying Canadian creep ...
...of a lawyer: "Peter McWilliams"
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Comment #2 posted by mayan on January 10, 2006 at 07:53:47 PT

Bullsh*t!!!
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.
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Comment #1 posted by goneposthole on January 10, 2006 at 07:24:24 PT

far from it
"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. 
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