Pot Activists Face Deportation

[Alfa]

POT ACTIVISTS FACE DEPORTATION
Federal Court Overturns California Family's Appeal
VANCOUVER -- Medical-marijuana advocates Steve and Michele Kubby and their two young daughters could be deported at any moment after a last-ditch appeal in the Federal Court of Canada was dismissed.
The California family has been under a removal order since May 2002, when the Immigration and Refugee Board found that Steve Kubby was inadmissible to Canada on criminality grounds.
His wife and children were also ordered removed after overstaying their visitors' visas.
The family filed refugee claims on the grounds that Steve Kubby, who suffers from a rare form of cancer, used pot for medical purposes.
Their claims were denied.
They appealed their case to the courts, arguing that Steve Kubby faced possible death in jail if returned to the U.S., but the arguments failed to overturn the removal order.
On Jan. 9, facing a deportation deadline of Jan. 12, they filed a stay application in Federal Court. A judge has now dismissed that application.
Steve Kubby moved to B.C. in 2001 after drug charges were laid against him in California. He now lives in the Kamloops, B.C., area.
The family is unclear what will happen next.
"We have not received any communications in any way, shape or form from any government official," Kubby told The Province. "We're completely in the dark. We don't know if the next knock on the door will be armed officials ready to transport me to the border."
Federal Court Judge Yvon Pinard found that there was no risk to Kubby if he was to be returned to the U.S., but Kubby insists there is a serious threat. "No one in the Canadian courts wants to believe my life could really be on the line -- even though we've had doctors, specialists, experts testify that after 24 hours I could suffer a heart attack, a stroke.
"These are all things that weigh on my wife. It's an ungodly amount of strain for her."
Kubby was charged in California with cultivating marijuana after 265 pot plants were found in his home, but was later acquitted by a jury.
Kubby, a former candidate for governor, was, along with his wife, instrumental in passing Proposition 215, which allows marijuana for medical uses. He believes his current problems are closely linked to his political positions.

[Alfa]

POT USER TOLD TO LEAVE CANADA
(CP) After losing his last legal challenge to stay in Canada, medical-marijuana advocate Steve Kubby has been told to leave the country by Thursday.
A Federal Court judge rejected Kubby's last appeal to stay in Canada.
His wife Michele told the judge her husband would die if he had to return to California to serve out a jail sentence. Kubby has adrenal cancer and uses marijuana to ease the symptoms.
Before Kubby came to Canada he was convicted for having a small amount of drugs and sentenced to house arrest.
Kubby and his wife now say he would have to serve his sentence in jail, and that officials at any U.S. jail wouldn't allow him to smoke his pot.
Kubby lost his legal bid last week to stop his deportation by Immigration Canada. The family moved to B.C. in 2001. Kubby said yesterday he is trying to find a way to appeal the Federal Court ruling.

[old hippie 56]

I quess the Canadians are changing their liberal ways, do you think that is connected to his political views or the US blackmailing ways?

[Solidly-here]

I hope Steve figures out how to Appeal this ruling.

If not, I hope that Steve survives his Jail time.

If Steve dies, THEN Canada will get a wake-up call: Don't send back the losers in the War on Drugs, or they will die. Sometimes it takes a martyr, to get people back to their senses. Canada thinks that the USA is going to treat Steve well. Ha ha.

Since Steve is a high-profile Medical Marijuana advocate, the US government has been working overtime to have him deported. The other 1000s of "escapees from jail" are happily living their quiet lives in Canada.

So, since Uncle Sam has flexed his muscles (and Canada is bending), Uncle deserves to have this deportation turn into a Public Relations nightmare. And, if Steve dies after 60 days without his "only" medicine (for his very rare disease), then it will help prove that Medical Marijuana is a miracle drug. It certainly has been a long-term miracle for Steve.

[motorhead]

Ok guys come on now, we Canucks are a laid-back, easy going, and compasionate people. If you were take a camara crew and interview a bunch of Canadians at random I would say the vast majority would say that the US govt should leave people like the Kubby's the hell alone. Juries here have returned not guilty verdits in medical marijuana cases. Here is a current example http://www.cannabisculture.com/articles/4626.html.
However, governments will be governments. And yes our Canadian govt seems to bend over more often than not for the Americans, on any issue. And yes this bothers me. And now we have a Conservative in power who is tough on crime, seems cozy with Bush, and wants nothing to do with decriminalization let alone legalization. So I cant see the current govt staying any court decisions to deport medical marijuana advocates.
But wait, a glimmer of something hopeful. In his first public address since winning the election Stephen Harper brought up the issue of Canadian Sovernty(sp?) in reaction to the American embassadors claim that Canada has no Sovernty rights over the NorthWest Passage. Harper does indeed think the NWP is our land and plans to militarize the area! wow sounds a little american lol.
Not exactly on topic, but maybe this means Harper doesnt want Canada to be the 51st state after all, and that we wont be bending over as much in the future.

[Alfa]

POT USER IN U.S. TO FACE SENTENCE
Client Could Die Without Marijuana, Lawyer Says
SAN FRANCISCO - Medical marijuana crusader Steve Kubby was arrested Thursday night at San Francisco Airport after spending years as a fugitive in British Columbia.
Kubby was arrested on a no-bail warrant and booked into San Mateo county jail, San Francisco police said.
There was an emotional farewell earlier Thursday at Vancouver International Airport as Kubby reluctantly returned to the United States to face a jail sentence.
Kubby's supporters and family were on hand as he boarded a flight to California escorted by his American lawyer, who worried he could die without access to pot in jail.
"The officials in Canada might be sending him back to a death sentence," Bill McPike said.
Kubby, who made a failed bid for governor of California in 1998 under the Libertarian party banner, said U.S. officials don't understand his medicinal need for pot.
"The thought of people having an open animosity towards me, people that want to harm me, that want to bury their mistakes, that's very distressing," he said.
Kubby, 58, and his wife Michele had been fighting to stay in Canada almost since they arrived from the United States in 2001.
Kubby attempted to claim Canadian refugee status on the basis of persecution, both for his political opinion and his medicinal use of pot.
He said he smokes the drug to alleviate symptoms of a rare cancer called pheochromocytoma, which causes the adrenal glands to produce massive amounts of adrenaline.
Kubby was diagnosed 20 years ago and is believed to be longest-lived survivor of the disease. He credits the use of marijuana for controlling his adrenaline levels and claims the drug is the only thing keeping death at bay.
Kubby was supposed to serve a 120-day sentence for a drug conviction handed down by a court in Placer County, near Sacramento, Calif.
He faced marijuana charges but they were dropped after he successfully argued medical necessity.
Kubby is scheduled to appear at the Placer County courthouse next Tuesday.
It's not clear whether he will face additional charges for fleeing the country, the lawyer added.
In the final hours before Kubby was due to get on a plane, his Canadian lawyer, Kirk Tousaw, was petitioning a B.C. Supreme Court judge for an injunction to prevent the minister of immigration from removing the Kubby family from Canada.

[motorhead]

Kubby's Next Court Appearance on Friday
by Art Campos & Kubby.com (31 Jan, 2006) Auburn – Steve Kubby asks for permission to use cannabis in prison
Steve and Michele Kubby in happier, healthier timesMedical marijuana activist Steve Kubby asked a Placer County judge today to let him use cannabis while he serves a 120-day jail sentence for a drug conviction in 2000. The Placer sheriff's department said it is opposed to the idea.

Kubby has contended that he will die in jail if he is not allowed to use cannabis to treat his condition.

Undersheriff Steve D'Arcy said his department's policy is that marijuana will not be furnished in any form to an inmate.

The 59-year-old Kubby made the request through his attorney during a hearing in Placer Superior Court in which the lawyer also asked that his client be released from jail to serve the sentence at his new home in Marin County. The attorney, Bill McPike, said Kubby could wear an electronic device so that his movements could be monitored by authorities.

Judge Robert McElhany made no ruling and scheduled another hearing for Friday. The District Attorney's Office said it has made no recommendation regarding the requests made today.

Kubby was in court today for arraignment on a charge that he violated probation by moving to Vancouver, Canada, in 2001 to avoid serving the 120-day sentence. Kubby formally entered a denial to the charge. A jury had found him guilty of a felony charge of possession of peyote and of a charge of possession of a psychedelic mushroom. The latter charge was later reduced by a judge from a felony to a misdemeanor.

Placer sheriff's deputies found the drugs during a 1999 raid on Kubby's home in the Lake Tahoe area. Also found in the home were 265 marijuana plants, which Kubby said he needed for medical use to control a rare form of adrenal cancer. The jury voted 11-1 to acquit him of illegal possession of the cannabis.

Kubby was deported from Canada on Thursday and was arrested by police after his airplane landed at San Francisco International Airport.

www.sacbee.com


From www.Kubby.com:

ATTENTION! KEEP CALLING THE JAIL MEDICAL CENTER (530) 745-8660 AND REQUESTING THAT STEVE SEE AN OUTSIDE DOCTOR. CONTINUE TO CALL THE DISTRICT ATTORNEY'S OFFICE ABOUT THE MOTION INTO COURT FOR EDIBLES TO BE GIVEN TO STEVE. THANKS EVERYONE!

Friday the 3rd will be the preliminary hearing to set the date for the trial which is estimated to be around February 15th. Bill McPike, Steve's attorney, met with the DA in hopes to be able to work with Placer County Probation Department to reinstate Steve's probation.

Although Steve is thin and mal-nutritioned, he was pleased to see all of his friends and family in the courtroom, today. A little bit of good news is that he is now being given some Marinol but not the full dose amount he should be getting; 3 instead of 6 and he is has yet to be seen by a doctor.

Michele and the girls set out to cross the border and transport their belongings to the states. There is a little light at the end of the tunnel where Canada is concerned, but more on that at a later time. She and the girls made it across the border without any troubles of any kind, thankfully.

Unfortunately, Steve will be incarcerated the entire time.

Steve's Current Booking Information & Conditions

Name: Kubby, Steven Wynn
Age/Gender: 59/Male
Jail ID/Booking No: P00049899/0601064#
Facility/Floor: PC/N
Book Date: 1/27/2006 14:41
Arresting Agency: Placer County Sheriffs Department
Custody Status: In Custody
Authority: Charge(s): Bail:
Bench Warrant 1. 11377 (A)HS Possess Controlled Substance
Total Bail: 0

With the above data from www.placer.ca.gov we now know Steve Kubby's current status.

Reputation Comments on this post:

good to know about the ongoing ordeal

[Solidly-here]

The latest story about Steve Kubby has a wonderful twist in it. He is sitting in jail, but he is getting his magical Medicine, to help keep him alive, thanks to the Placer County Sheriff's Department allowing it.

He will be back in Court on February 3rd, to see if the DA will "cut him some slack" too. Two different things "could" happen: (1) Kubby could be released from jail, and ordered to serve "house arrest"; (2) the DA could agree to NOT charge Kubby with any new charges.


California -- Steve Kubby is asking prosecutors in Placer County, Calif., to show compassion and let him serve a 2001 sentence for drug possession under house arrest instead of in custody.

The medical marijuana advocate made a brief court appearance yesterday. He was arrested by police last week as soon as he arrived in San Francisco on a flight from Vancouver.

He was joined by his lawyer, Bill McPike, in a courtroom in Auburn, Calif. More than 50 supporters were also there, Mr. McPike said in a phone interview after the hearing.

"The important thing is for everyone to turn the clock back," the lawyer said. "We are trying to get this resolved."

Mr. McPike is asking Placer County not to prosecute Mr. Kubby for the alleged probation violations.

Mr. Kubby, his wife, Michele, and their two daughters fled to British Columbia in the spring of 2001. Mr. Kubby, who suffers from a rare form of adrenal cancer, said he feared being targeted by authorities in Placer County because of his high profile as an advocate for medical marijuana.

"He looked really bad," said Mr. McPike, although he added that his client's spirits were lifted during the hearing because of the number of supporters at the courthouse.

Friends of Mr. Kubby managed to obtain a short-term supply of the prescription drug Marinol, a synthetic form of THC that is legal. It costs about $1,000 for a nine-day supply.

Michele Kubby said yesterday that her husband has been required to sign a waiver that absolves the Placer County jail of responsibility for any health problems, because he is using non-conventional medical treatment.

Mr. Kubby will be back in court on Friday and could hear from prosecutors in Placer County about whether they will proceed with the probation violation charges and seek to keep him in custody.

[Alfa]

SYNTHETIC POT AIDS JAILED ACTIVIST
Steve Kubby Said He Needed Marijuana for His Cancer, but THC Pills Are Doing the Trick.
A medical marijuana activist who long argued that he needed the drug to cope with his cancer surprised a judge and supporters Friday morning by announcing that a synthetic substitute provided to him in jail has proved an effective replacement.
Thanks to Marinol, a pill form of THC, the primary psychoactive ingredient in pot, Steve Kubby is "smiling and happy," lawyer Bill McPike said. "In fact, he said it's the best he's felt in years."
Kubby had asked that he be allowed to consume cannabis while in jail, and a judge in the Placer County town of Auburn had been set to consider that request Friday. Instead, McPike withdrew the request.
Kubby, 59, returned to California last month after spending the last five years in Canada dodging a 120-day prison sentence. On Tuesday, McPike asked that his client be allowed to continue using cannabis.
Kubby and his physicians had said that without pot to regulate the adrenal cancer's symptoms, which may lead to heart attack or stroke, his health would be jeopardized.
Since his diagnosis a quarter-century ago, the activist has smoked up to a dozen marijuana cigarettes a day.
So no one was more surprised than Kubby by his reaction to Marinol, McPike said in a telephone interview.
Kubby's positive response to the drug wasn't immediate. Upon arriving in Auburn on Jan. 27, shortly after a Canadian court denied his request for refugee status, the drug caused vomiting and nausea, McPike said. But since then, Kubby's condition stabilized, spurring his decision to stick with the synthetic.
A physician will continue examining Kubby daily to ensure the drug's effects persist, he said.
Dale Gieringer, director of California NORML, a cannabis advocacy group, said Kubby's decision to forgo pot will not affect the fight for medical marijuana.
"Some [medical] conditions respond to THC and some don't," he said, "so what's right for Steve won't necessary work for everyone."
Kubby, who helped draft California's medical marijuana law, is awaiting trial for a March 2001 conviction for possession of a peyote button and a hallucinogenic mushroom. A Placer County jury acquitted him of the more serious charge of selling pot grown in his basement garden.
Fear of jail time without access to marijuana propelled Kubby to flee the country two months later with his wife, Michele, and two young daughters. The family has resided in British Columbia ever since.
Around the same time, Placer judges bumped up his original convictions from misdemeanors to felonies. Kubby appealed the rulings, declaring them a miscarriage of justice.
Kubby now faces up to three years in prison -- nine times his original sentence. But McPike said he hopes to resolve matters before trial.
A hearing to discuss Kubby's case is set for Feb. 15.
"I must say, following Steve is like being on a ship that rocks back and forth all the time," Gieringer said. "You never know what's going to happen."

[motorhead]

US CA: Judge Sets March Hearing Date For Kubby
by Dirk Werkman, Bee Staff Writer, (18 Feb 2006) Sacramento Bee California
AUBURN - Steven Wynn Kubby, seeking the right to use marijuana to fight his adrenal cancer, will return to court March 3 to continue his legal battle, a Placer County judge decided Friday.

Judge Robert McElhany said Kubby, serving a 120-day sentence for his 2000 conviction for possession of mescaline, must appear in Division 1.

That would put Kubby back before Judge John L. Cosgrove, who sentenced Kubby in 2001. Kubby later moved to Canada, but was deported Jan. 26 and returned to California.

E.D. Lerman, an attorney who represented Kubby during the brief hearing Friday, said she expected a motion to be filed with the court Wednesday asking for Kubby to be resentenced for a felony, rather than for a misdemeanor.

She said Kubby's attorney, J. David Nick, is expected to argue in behalf of the motion at the March 3 hearing.

If such a motion were granted, a judge would be able to make modifications in Kubby's probation status, Lerman said.

[motorhead]

Steve Kubby Released From Jail
by CC Staff (06 Mar, 2006) Report from friends in California, 5:00pm Monday evening
Steve KubbySteve Kubby was just released from prison by the Sheriff and jailers, on Monday evening, March 6th.

The reason for his removal was "due to overcrowding".

Steve is staying with a friend. He is due to appear in court again on March 15th.

More details to follow...

[Solidly-here]

Hurray for Steve. Justice smiles on him.

Here is the story of Steve, hot off the AP Wire:

California Frees Pot Activist
Posted by CN Staff on March 07, 2006 at 07:12:06 PT
By The Associated Press
Source: Associated Press

Sacramento, Calif. -- A medical marijuana activist who was forced to return to the United States earlier this year has been freed from jail after serving a third of his three-month sentence for drug possession, officials said.

Steve Kubby was released after 40 days for good behavior and because of a need to reduce crowding under a Federal Court order, Placer County jail officials said. ...

Mr. Kubby lost 25 pounds in jail but said he gained respect for his jailers and the medical staff that treated him. Mr. Kubby says he has used marijuana to curb symptoms from a rare form of adrenal cancer.

“I realized the taunting and skepticism about my condition that I experienced when I was first jailed here in 1999 was not present with any of the jail staff this time,” he said.

Mr. Kubby, the 1998 Libertarian candidate for California governor, had gained attention when he helped write and lobby for the state's medical marijuana law. The law, approved by voters in 1996, decriminalized the use of marijuana for medical purposes under state law, but it remains illegal under federal law.

Mr. Kubby still faces a March 14 hearing for failing to appear at his original sentencing five years ago.

Source: Associated Press (Wire)
Published: March 07, 2006
Copyright: 2006 Associated Press

- - - - - - - - - - -

Actually, Steve got out in HALF his 120-day sentence, instead of a third. In California, Good Behavior in jail earns you a half-day Credit for each day you behave. So, Steve served 40 days, PLUS 40 x one-half = 60 days.

When jails get over-crowded in a particular County, a Federal Court will order the Sheriff to release enough people to end the over-crowding. The County is to give First Priority to non-violent offenders (like Steve Kubby). The timing in this case was perfect, Steve was in the Right place, at the Right time.

[old hippie 56]

Good deal, finally some good luck for Steve and his family.

[motorhead]

This is a never-ending story.

Kubby Tug-Of-War: Steve being sent back to jail, again
by Art Campos & Kubby.com (14 Mar, 2006) Steve Kubby to be held in prison until Marinol supply ends; probation time to be served afterwards
Steve, Michele, and their two children in happier timesRecently released from the Placer County jail because of overcrowding, medical marijuana advocate Steven Wynn Kubby is being sent back.

Kubby was sentenced Tuesday to a 60-day term by a judge who determined that the 59-year-old activist had violated his probation in 2001 by moving to Canada rather than serve a 120-day stretch for a drug conviction. He will report to the jail Wednesday.

Kubby said he again hopes for an early release because of good behavior and possible jail overcrowding.

"Hopefully, I can serve just 20 days of it, but I've been given no guarantees," he said.

Kubby left the United States five years ago, contending he would die in the Placer jail if not allowed to use cannabis to treat his medical condition, which Kubby has described as a rare form of adrenal cancer.

But Canadian officials deported him and he was arrested Jan. 26 when his airplane landed at San Francisco International Airport. He was then sent to Placer to serve his 120-day sentence for the drug conviction but was released early due to overcrowding at the Placer jail. Disallowed cannabis in jail, Kubby took Marinol, a prescription drug that contains a synthetic form of THC, the active ingredient in marijuana.

[Solidly-here]

The End is Near. Steve's gonna get on with his Life.

Wow! Only 60 days, for fleeing the Country, and fighting extradition.

Well, Steve got a BIG break from the Judge. Another person could have (easily) gotten 6 months. So, this means that (with Good Behavior, half-a-day's credit for each day served), Steve could be out in 20 days (after one-third of his sentence) . . . just like he was last time.

And it looks pretty good for that now, with Placer Country's jail still overcrowded (as of yesterday), and they are still complying with the Court Order, by moving-out all of the non-violent-crime offenders early.

Steve was well-treated his last 40-day stretch, so this bodes well for his follow-up hitch.

Steve has been in my warm thoughts for years, now. Soon the nightmare will be over, once-and-for-all. Peace.

[Alfa]

CALIFORNIA FREES POT ACTIVIST
Sacramento, Calif. - A medical marijuana activist who was forced to return to the United States earlier this year has been freed from jail after serving a third of his four-month sentence for drug possession, officials said.
Steve Kubby was released after 40 days for good behaviour and because of a need to reduce crowding under a federal court order, Placer County jail officials said.
He fled to Canada following his 2001 conviction for possession of a hallucinogen found in peyote and a psychedelic mushroom. He repeatedly sought refugee status, claiming he was persecuted for his advocacy of medical marijuana use. A Canadian court rejected his appeals in January.
Mr. Kubby lost 25 pounds in jail but said he gained respect for his jailers and the medical staff that treated him. Mr. Kubby says he has used marijuana to curb symptoms from a rare form of adrenal cancer.
"I realized the taunting and skepticism about my condition that I experienced when I was first jailed here in 1999 was not present with any of the jail staff this time," he said.
Mr. Kubby, the 1998 Libertarian candidate for California governor, had gained attention when he helped write and lobby for the state's medical marijuana law. The law, approved by voters in 1996, decriminalized the use of marijuana for medical purposes under state law, but it remains illegal under federal law.
Mr. Kubby still faces a March 14 hearing for failing to appear at his original sentencing five years ago.