cannabisnews.com: All My Actions Were Lawful, Kubby Tells Court All My Actions Were Lawful, Kubby Tells Court Posted by CN Staff on June 01, 2002 at 08:05:46 PT For Immediate Release Source: Kubby Files On May 16th, the Kubby family filed a brief with the California Supreme Court that could provide relief for thousands of California medical marijuana patients. In addition, we have filed a historic appeal for political refugee status in Canada, paving the way for other persecuted medical marijuana patients to find freedom from repressive U.S. drug laws.The fact that we have documented life-and-death medical necessity and top attorneys, should be reason enough to expect historic outcomes in both of these legal battles. Furthermore, our court briefs in the U.S. and Canada carefully document that I have followed the law every step of the way. For the Placer County authorities to assert that I am, "a fugitive who has fled to Canada to avoid drug charges," is dishonest, malicious and intended to smear not only me, but the entire medical marijuana community.Our appeal to the California Supreme Court documents that I am completely entitled by California law to not serve probation during an appeal and to be represented by counsel, instead of being physically present, since my convictions were for misdemeanors not felonies. Frankly, we believe these dishonest comments by Placer officials may be due in part to their humiliating defeat in court by us and because we are currently suing Placer County and its officials for $200 million in Federal court.This week, Michele and I received a call from our immigration attorney, Alex Stojicevic, who advised us that the Canadian government is considering refusing political refugee status to people entering Canada through the United States. Apparently a lot of third world citizens are entering Canada through the U.S. rather than their home country creating problems for Canadian immigration.Alex advised us that our claim for refugee status will force the committee to consider our issues as well. Furthermore, Alex has colleagues who serve on the committee discussing the changes to Canadian immigration policy and they already know of my unique appeal, based upon life-and-death medical necessity. As a result, if I had not made the claim for political refugee status, or if we had to withdraw due to lack of funding, the escape route for persecuted medical marijuana patients could be sealed permanently.Judging from all the media stories about the "American Pot Exiles," I think it is fair to say, that a lot of people on both sides of the border are drawn to a story of Americans having to declare political refugee status from their own country. This could prove to be a huge embarrassment for the United States, but at the very least, it provides an outstanding opportunity to educate millions of people about medical marijuana and prohibition. At the most, it could save lives, perhaps even people you know. By providing funding at this critical juncture, you can play a key roll in securing freedom and a new life for hundreds perhaps even thousands of your fellow Americans. As you know, it has been over five years since the passage of Prop. 215. Everywhere we look the authorities are escalating the levels of surveilance and violence against sick people who use cannabis. Not only does the Reefer madness crowd want to exterminate the cannabis plant, it is becoming increasingly clear that they want to exterminate cannabis culture and cannabis people as well.Already, 750,000 members of the cannabis community, a great many of whom use cannabis for medical purposes, are rounded up each year to be fingerprinted, photographed and sent to prison camps. As convicted drug felons, these non-violent drug war victims will no longer have the right to vote, own a gun, get a student loan, or travel freely. Instead, they will spend the rest of their lives as second-class citizens, explaining to prospective employers, landlords, bankers, and border guards why they should trust a convicted drug felon.Now that our case has finally reached California's highest court, we have an opportunity to make case law that will finally address these important issues. It is critical that this fight be waged and won now because we don't foresee another opportunity for years to come.I am certainly in a unique situation because my disease is so explosive and deadly. At the same time, so long as I have access to medical grade cannabis, I am as active and productive as anyone. For all of these reasons, we have a one-of-a-kind opportunity with this case to really force some meaningful decisions out of the California State Supreme Court.Now, let's talk about the criminal case in Canada. Before I grew a single plant, I consulted with attorneys and doctors who authorized me to grow my own cannabis, based upon Canadian case law recognizing medical necessity.Our attorney, John Conroy, is considered the top cannabis attorney in Canada. He is confident that we will not only win, but force some historic changes. John also advises us that because we are under the protection of the Canadian court system, I'm actually eligible to apply for a Canadian medical marijuana exemption. Unlike the U.S., the Canadian court system is geared towards real justice. For all these reasons, we believe the Canadian criminal case will have a very positive outcome.Recently, I was interviewed on Canadian National Radio. The host and audience were deeply troubled that an American would seek political refugee status in Canada. Everyone listened in rapt attention as I explained how medical marijuana patients have been singled out as a political group for identification, segregation, concentration, and extermination.To the Canadian audience, these are disturbing new questions for them to weigh in trying to understand why Americans would leave a country previously known for freedom and tolerance. The media is looking at us on an international level. Everyone wants to know what has happened in the United States that people would feel compelled to seek political asylum.Certainly, after any of the media or public speak with me, they recognize that this is no frivolous matter. It is jarring to them that my life could hang on the outcome.Michele and I also hope you've also had a chance to check our news broadcast on -- http://www.pot-tv.net The Pot TV website receives over half a million hits a month. Obviously Pot TV is a force to be reckoned with.Our goal with the Pot TV News is to provide an alternative point of view for broadcast media by providing content and video images for mainstream consumption. We know that certainly our theory has been confirmed by the heavy interest shown by other broadcasters, such as Fox National News, Canadian Broadcasting Corporation, MTV, Global TV, and Tech TV who have all covered the Pot TV News in the last two months.Complete Title: Kubby Tells California Supreme Court, "All My Actions Were Lawful"To view stories about these major networks covering our show see: http://www.pot-tv.net/archive/series/pottvseries-86-0.htmlKubby Defense Fund 32545 B Golden Lantern, Suite 101Dana Point, CA 92629Donate: http://www.kubby.com/00-contribute.htmlSource: The Kubby FilesRelease Date: June 1, 2002Pot-TV: http://www.pot-tv.net/Website: http://www.kubby.org/Medical Marijuana Users Take Refuge in Canada http://cannabisnews.com/news/thread12972.shtmlKubby Appeals To Calif. Supreme Courthttp://cannabisnews.com/news/thread12945.shtmlCanadian Court Rules Kubby Not Fugitivehttp://cannabisnews.com/news/thread12887.shtmlPot Activist Held for Three Days in Canada http://cannabisnews.com/news/thread12663.shtmlCalifornia Men Face Hearing in Canada http://cannabisnews.com/news/thread12562.shtml Home Comment Email Register Recent Comments Help Comment #1 posted by PAUL PETERSON on June 01, 2002 at 09:39:21 PT: SOMEONE IN ILLINOIS SUPPORTS YOUR CAUSE ILLINOIS HAS A MEDICAL MARIJUANA LAW ALSO-720 ILCS 550 section 11- 30 years old. I have been an advocate for the last year, lost my law license, FALSE PRETENSES BY THE ILLINOIS SUPREME COURT, etc. I can empathize with your plight. Good luck with our freedom fighters to the north. They face a double trade war, merely because they agree with EVERY OTHER ENGLISH SPEAKING COUNTRY IN THE WORLD THAT THIS DRUG WAR HAS TO END! I, for one, am ashamed to say that I live in a country where the amount of your DRUG COMPANY OR OIL COMPANY STOCK influences to such a large extent, your belief or opinions regarding the drug war!Keep up the fight. I will try to break the stranglehold over ILLINOIS' freedom, so we can pledge this state as the 10TH STATE IN SUPPORT OF YOU in your own battle (and to take the heat off our brothers in the war zone in California). God Bless. PAUL PETERSON 312-558-9999 http://ILLINOIS-MMI.org [ Post Comment ] Post Comment