The War on Medical Marijuana Users: Another Needless Death Pending?

Barry Hess just wrote an interesting opinion piece about Steve Kubby at From his article:

Steve has a rare disease (Pheochromocytoma) that causes a constant overproduction of adrenaline, which unchecked, can be fatal. My friend, Michael Badnarik put it well:

“We all know what it’s like to be surprised or scared so badly that your heart suddenly races, and it takes a few seconds to catch your breath. Now… try to imagine having your adrenal level so out of control that your heart pounds constantly, and you experience high anxiety all day long. Not a very pretty thought.”

His case is documented by doctors, so this is not speculation; it’s fact, that smoking marijuana keeps his disease under control. And it’s the only way to control it without resorting to chemicals that have major side effects like kidney or liver failure, heart attack or stroke, and even make your hair fall out.


The feds know that within just hours or a matter of days of incarceration, Steve’s heart will begin pounding wildly out of control driving his blood pressure up to its limits, then will come the insufferable headaches and throwing up before he dies a more torturous death than any of us could imagine.

About the same time that Barry’s article hit the press, I received the latest update from Kubby. The news is not good: Kubbys Must Leave Canada By Thursday, January 26th

Their latest release is below the fold.

For more info call
Rachel James, Immigration Enforcement Officer
(604) 666-3399

Placer County District Attorney Bradford R. Fenocchio
Chris Cattran, Assistant DA
Voice: (530) 889-7000
Fax (530) 889-7129

Dale Gieringer, Ph.D.
California NORML
(415) 563-5858

Michele Kubby
(250) 578-58422

“I don’t want our daughters to see what US law enforcement will do to their father.”

VANCOUVER — American cancer patient and medical marijuana refugee, Steve Kubby and his family have been ordered to leave Canada on or before Thursday, January 26th.

Steve Kubby said, “The Immigration Ministry claims that its departure orders are not subject to appeal, but we’re still trying to get a court to simply grant us our due process and allow us to appeal.”

If the appeal is not successful, the Kubbys will all have to leave Canada no later than Thursday (January 26), according to Rachel James, Immigration Enforcement Officer.

Placer County Assistant District Attorney Chris Cattran told the Auburn Journal on January 6th that Kubby would be arrested and jailed for at least 120 days, and possibly much longer. Nonetheless, on January 9th, Immigration Counsel Keith Reimer told Justice Yvon Pinard that Kubby faced no risk of arrest if he is forced to return, and Pinard ignored Cattran’s statement and ruled accordingly last Friday.

If he is forced to leave, Steve Kubby will fly directly to San Francisco, where he will be greeted by both US law enforcement and California medical marijuana activists, including representatives of California NORML. Every effort will be made to keep Kubby from being forced to return to Placer County.

In his testimony to a Canadian Refugee hearing in April of 2003, Cattran said that Placer County had arranged for two “specialists” to fly in and testify at Kubby’s trial that Kubby didn’t really have cancer, but if he did, cannabis was contraindicated and would just make his condition worse. Of course, neither doctor had ever seen Steve Kubby, and the leading cancer specialist in BC had just testified to the contrary. Because of this attitude, Kubby’s friends and family believe that his life will be in great danger there.

Consequently, Michele Kubby and their two daughters will not be flying down. They will drive to California, instead.

“I don’t want our daughters to see what US law enforcement will do to their father. How can you explain to children that their father is going to be murdered by their government because he uses a medicine that it doesn’t like?” she asked.

Mrs. Kubby added, “Today is election day in Canada and tomorrow all of the Ministers who can prevent Steve’s life from being endangered will be free to act and do the right thing. I hope that all our friends, especially in Canada, will call the Ministers and urge them to stop this injustice.”

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, Deputy Prime Minister, (613) 991-2924, Fax: (613) 952-2240

Stephen Gordon

I like tasteful cigars, private property, American whiskey, fast cars, hot women, pre-bailout Jeeps, fine dining, worthwhile literature, low taxes, original music, personal privacy and self-defense rights -- but not necessarily in this order.

  1. I can’t imagine they will let Kubby be a martyr. It would be detrimental to the the war effort. I think they’ll either not arrest him or they’ll force him to take an alternative treatment (that despite having bad side effects will keep him alive until he gets out of jail). If he dies… look out Bush and friends.

  2. Being a computer dumbass I don’t know anything about
    creating websites, but may I suggest an idea?
    How about a Drug War Hall of Shame webiste listing
    all the horror stories of this war? Tell the horror stories of those shot, killed and maimed by the drug warriors. The most sickening one I have ever read was of Robin Pratt from Everett, WA killed by cops in front of her children because of a bad warrant. And there are hundreds more. Audabon magazine had a story a few years ago about a guy who was sentenced to life in Alabama because he had ditchweed in the back of his truck.
    Can anyone give us some idea as to what something like this would cost to build and maintain? How does a site get picked up by Google, Yahoo and the rest?
    Just kickin’ an idea around this a.m.

  3. Michael, this is a great idea!!! There are a thousand ways to do it, and I am sure someone will take up the charge. I would myself but for lack of time, and a surrfit of kids….


  4. Hey guys, there IS a Hall of Shame already. I’ve seen it linked from Radley Balko’s Agitator site, but I can’t remember the URL or find the article right now. It’s pretty depressing, though. If you’ve got more time at work than I do right now, you can probably find it linked from

  5. A. Relevant Federal Statutes and “The Grandfather Clause”

    The Federal Food, Drug, and Cosmetic Act of 1938 (“the FDCA”), 21 U.S.C. §301 et seq., is designed to protect public health by regulating “new drugs” that are intended for use in interstate commerce. Barnes v. United States, 142 F.2d 648 (9th Cir.1944); United States v. Kordel, 164 F.2d 913 (7th Cir.1947); United States v. Two Bags, Poppy Seeds, 147 F.2d 123 (6th Cir. 1945). There exists, however, a “grandfather” clause which exempts certain old drugs from this “new drug” status. 21 U.S.C. §321(p)(1); United States v. Rutherford, 442 U.S.544, 546-48 (1979); Rutherford v. United States, 541 F.2d. 1137, 1140-42 (10th Cir.1976) (reversed on other grounds, 442 U.S. 544).

    As explained by federal regulators, when Congress revamped the FDCA in 1939, it “accepted those drugs marketed prior to 1938 which had been subject to the 1906 provisions of the FDCA [requiring drugs to be identified in recognized medical

    [1000 char limit enforced]

  6. For Immediate Release: January 25, 2006

    Contact: Richard Cowan, 604-633-9122 home 778-898-9046 Cell

    Kubby Fairwell Party and Press Conference at Vancouver Airport 2 pm Thursday

    Steve has just notified Border Services that he will be departing Vancouver on Alaska Air at 5:47 pm, arriving SFO 8:07 pm. There will be a Vancouver Airport Press Conference at 3:30 pm. A SFO Press Conference is in the planning.

    Kirk Tousaw was in court from 10 to 12:30 and returned at 3 pm today for more arguments, but was told the judge is “perplexed.” Kirk is supposed to return for more arguments at 4:15 and may not finish until 5 pm. If we are denied, Kirk will still continue seeking a stay through other means, up until the last minute.

    Because we had to notify Border Services 24 hours in advance of Steve’s departure arrangements, we must begin plans now for a Farewell Party at the Vancouver Airport and the Welcome Party at SFO.