We’ve been reporting on the status of medical marijuana user Steve Kubby. An overview provides:
Kubby suffers from a fatal condition known as malignant pheochromocytoma. That he has survived by use of marijuana is a topic of intense curiosity by medical experts, who are not allowed to experiment with the politically incorrect but potentially life saving medication.
After being arrested on drug charges in the late 90s, Kubby eventually went into exile in Canada in the spring of 2001. Today, he is under a Canadian departure order that will deliver him to the U.S. authorities on January 12. The Kubbys plan to appeal this order three days prior to the extradition date. If forcibly returned to the United States, Kubby will be immediately jailed and deprived of the medication which keeps him alive.
Kubby has twice been held behind bars for a few days, and he nearly died both times. This time, it is expected that he would spend 90 days in jail. According to his family, this will almost certainly prove fatal to Kubby.
Michele Kubby (Steve’s wife) just e-mailed the following:
We’ve just learned that Judge Pinard has dismissed our appeal for an emergency stay. We are currently evaluating the decision and will issue a formal press release before the end of the day.
“The Removal Order is now back in effect and our beautiful family again faces deportation and the public execution of our beloved Steve by Placer Official who are anxious to bury their mistake,” said a distraught Michele Kubby.
More to follow…
And here is the press release, as promised:
Judge Says Cancer Victim, Steve Kubby, Must Be Sent to US.
Denies Appeal to Stop Removal Order. Claims Kubby Will Not Be Arrested Despite Statement by California Prosecutor. Claims Prop 215 Protects Patients, Despite Fact No US Jails Allow Medical Cannabis Use. Family Fears He Will Die in US.
For Immediate release January 20, 2006
For more info call:
Michele Kubby (250)578-8422
VANCOUVER — Canadian Federal Justice, Yvon Pinard, ruled today that Immigration Canada may now proceed with its attempt to send Steve Kubby, cancer patient and medical marijuana refugee, to die in an American jail. Immigration Canada is expected to issue a new removal date, presumably sometime next week.
Angry and distraught, Michelle Kubby said, “Justice Pinard simply ignored the statements by the Placer County Prosecutor that Steve would be jailed, if he is forced to return to the US. (Kubby was prosecuted by Placer County in 1999 after a six month surveillance of the Kubbys’ home based solely on an anonymous letter.)
“He also completely misrepresented California laws regarding medical marijuana. No jail in the US allows the use of medical marijuana. My husband’s life hangs in the balance, but Justice Pinard ignored blatant lying by Immigration officials.
“We attempted to file an appeal to the Federal Court of Appeals, but were denied. If Canadian judges ignore both the facts and the law, we can only count on the Canadian people to contact their politicians. Unfortunately, Canada is in the middle of an election campaign in which even the plight of Canadians who need medical cannabis does not seem to be an issue.
“Still, we can only plead with the people who hear about our situation to call those Ministers who can stop Immigration Canada from killing my husband. All we need is time in Canada to clear Steve’s name in the US. Please phone or fax the Ministers of Immigration, Health, Justice and Public Safety,” said Mrs. Kubby.
Joe Volpe, Minister of Immigration, Voice: (613) 954-1064, Fax: (613) 957-2688
Ujjal Dosanjh, Minister of Health, Voice: (613) 995-7052, Fax: (613) 995-2962
Irwin Cotler, Minister of Justice, (613) 992-4621, Fax: (613) 990-7522
Anne McLellan, Minister of Public Safety, (613) 991-2924, Fax: (613) 952-2240