cannabisnews.com: Couple Files 'Life and Death' Writ





Couple Files 'Life and Death' Writ
Posted by CN Staff on July 07, 2002 at 21:18:18 PT
By Keith Bradford, Staff Writer
Source: Coast Reporter
Sunshine Coast "pot exiles" Steve and Michele Kubby have filed a writ with B.C. Supreme Court seeking an exemption from charges laid against them after police found marijuana plants at their Sechelt home.The couple are due to appear at Sechelt provincial court on July 16 on charges of production of a controlled substance and possession for the purpose of trafficking. This week the Kubbys filed for a writ calling for an exemption based on "life and death" medical grounds.
They are also applying for marijuana seized by the RCMP to be returned."Cannabis keeps me alive" said Kubby, in an interview. "I'm hoping that a judge will say under the Charter of Rights, we have the right when we're clearly in a medical need to do what we were doing without being treated like criminals." The Kubbys moved to the Sunshine Coast last year with their two children, aged six and two. Steve Kubby was arrested on an immigration warrant in April after coming to the attention of Sechelt RCMP in media reports about medical marijuana.U.S. officials want Steve Kubby to serve a four-month jail sentence for a California conviction for possessing a trace amount of a hallucinogenic mushroom. Kubby says that isnąt possible because he wouldn't be allowed access to the marijuana he says is keeping him alive.Following an immigration hearing on the Lower Mainland, the couple returned to the Coast and applied for political refugee status as members of a persecuted social group.Their application is expected to take some time to be processed but they are also facing criminal charges for production of a controlled substance and possession for the purpose of trafficking.They issued a writ to B.C. Supreme Court this week after hearing that an applicant was successful in a similar case that came before the B.C. Supreme Court at the end of June.Steve Kubby says that he will apply for legal aid but is expecting to have to represent himself in court.The writ says that, "the Controlled Drugs and Substances act fails to adequately exempt persons from criminal liability who possess or produce marijuana for personal or medical use."It also states that adjourning the application until after a criminal trial would "further aggravate the applicant's condition and/or cause his premature death." A preliminary hearing is due to take place at Chilliwack Supreme Court on July 15, one day before the Kubbys are due to appear in Sechelt provincial court. "We've tried to follow the rules every step of the way," said Michele Kubby. "If this is what it's going to take to stop us from being treated like this then I'm ready." Newshawk: http://www.pot-tv.netSource: Coast ReporterAuthor: Keith Bradford, Staff WriterPublished: July 7, 2002Copyright: 2002 CBCPhone: 604 - 885-4811Address: 5683 Cowrie St, P.O. Box 1388, Sechelt B.C., V0N3A0Contact: the_reporter dccnet.comRelated Articles & Web Site:Pot-TVhttp://www.pot-tv.netDrug Refugees - Report Newsmagazine http://cannabisnews.com/news/thread13224.shtmlMedical Marijuana Users Take Refuge in Canadahttp://cannabisnews.com/news/thread12972.shtmlCanadian Court Rules Kubby Not Fugitivehttp://cannabisnews.com/news/thread12887.shtml
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Comment #7 posted by FoM on July 12, 2002 at 09:54:34 PT
Important E-Mail News
B.C. Supreme Court to Hold Medical Marijuana Exemption Hearing this Monday  
  
 
FOR IMMEDIATE RELEASE 
July 12, 2002 
 
CONTACT: 
Brian Carlisle (604) 316-3730 or 1-888-249-0336 
Dale Pederson, Attorney (604) 824-4644 
Steve Kubby (604) 885-7651 
 
WHO: Patients, activists and supporters of medical cannabis are expected to attend the B.C. Supreme Court hearing, along with several members of the media. 
 
WHAT: Two medical cannabis patients, Steve Kubby and Brian Carlisle, will appear before the B.C. Supreme Court to seek an exemption from the high court, based upon the Canadian Charter of Rights and a recent landmark decision by the B.C. Supreme Court that allows personal medical use. 
 
WHEN: July 15, at 10 am. Party to follow. 
 
WHERE: B.C. Supreme Court, 46085 Yale Rd., Chilliwack B.C., about an hour and half east of Vancouver, in the Frasier Valley. 
 
WHY: Dale Pederson, the same attorney who won an earlier medical marijuana exemption for Wes Winchester, will be in the same courtroom to argue before the same judges. Chance for success considered extremely good. 
 
HOW TO GET TO THE B.C. SUPREME COURT HEARING: Take Hwy. 1 eastbound from Vancouver to Chilliwack. Exit on the Chilliwack/Airport exit. You will be on Yale road. Continue down Yale road staying to the right. The road will split just before the courthouse, remain going to the right. Parking is on Princess street. 
Pot-TV
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Comment #6 posted by Joseph M Rogers on July 08, 2002 at 19:13:31 PT:
Spiritual Warfare
You'd hope it wouldn't come to this. Good folks like the Kubbys perpetually being hounded by the DEA demons, fedators, and fascist pigs just for using entheogens that God put on this precious Earth, but, of course, Amerikkka is bombing children in Afghanistan so any evil perpetuated in this phony drug war should come as no surprise. I suppose the rest of us really aren't praying enough, or we're seriously slacking as activists or whatever. If there's a collective soul or conscious, we'd better expect the collective karma to come down pretty hard. As Yoko Ono observed "we all have the same future in the world". At this stage of the mind game, there's not much use in contemplating Heaven. "I don't expect you to understand, but the Kingdom of Heaven is in your hands." John was probably just passing a joint...
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Comment #5 posted by freedom fighter on July 08, 2002 at 17:48:17 PT
Awww, thanks Nuevo Mexican... 
Not bad of a description.. Yeah, Im a moon boy. I get senstive when there's a full moon. Thanks my friend..ff
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Comment #4 posted by John Tyler on July 08, 2002 at 14:00:03 PT
Kubby's
The Kubby family has been through so much in their fight for freedom that I am in awe of their courage and strength.
Best Wishes to all of them.
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Comment #3 posted by FoM on July 08, 2002 at 12:20:36 PT
News Brief From FoxNews.com
Washington Won't Give Up on Medical Marijuana 
 
Monday, July 08, 2002
FoxNews.com
http://www.foxnews.com/story/0,2933,57172,00.html   
 
WASHINGTON — A medical marijuana initiative could be on the District's November ballot. Supporters of the measure say they've collected about 38,000 signatures from District residents. That's more than double the 17,000 required to put the measure on the ballot. 
 
Members of the Marijuana Policy Project plan to submit the petitions to the D.C. Board of Elections and Ethics this afternoon. MPP spokesman Bruce Mirken says putting the initiative before the voters is another step toward giving District residents with serious illnesses another tool to help them manage their pain. 
 
Mirken says some members of Congress could attempt to block implementation of any medical marijuana law in the District even before voters go to the polls. 
 
The measure seeks voter support for a law allowing those with cancer, glaucoma, AIDS or other serious diseases to keep up to one ounce of dried marijuana or four growing plants for medicinal purposes. A similar measure was approved by District voters in 1998.
What's New in Drug Policy Reform
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Comment #2 posted by Nuevo Mexican on July 08, 2002 at 08:56:55 PT
The War on People is truly shameful!
As your sorrow is felt here as well Freedom Fighter!
Guess what? You're born the day before me! You have 3 planets in Cancer making you a very emotional, psychic, caring person, and the moon was in Pisces as well, making you even more empathic, compassionate, and capable of great suffering for the benefit of others. The lack of justice in the world pains you to no end, and so it doesn't surprise me that this loss of life has upset you greatly! You have a great year ahead of you, so that must mean Cannabis Reform will be advanced in the year ahead, as many things will make you happy this year, bush's resignation can't be too far ahead! Happy Birthday fellow Moonchild!
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Comment #1 posted by freedom fighter on July 08, 2002 at 00:12:11 PT
Life and Death
Kinda sort off the topic.. but it's been a long weekend..Felt a need to say something.. My heart is kinda heavy..I "will" be 42 this Sat. Who knows if I would make it then? I have no control. Maybe I will, I sure hope so. Maybe I wo'nt. Today, I sat reading my bad newspaper. I saw a face. Looks like her, I thought. It can't be. I was'nt so sure. So, I asked my son, "Do you know who it is?""That's Camy"My heart sank. I met her two years ago. She was 16 then. And now she was 18. Will not live to see 19. She was a beautiful sight to behold. Not perfect but neverthless, her smile would light up a room. Got shot in hail of 50 bullets.. No more smiles.. All in the name of Drug war.. Oh, I'll be just allright.. I just do'nt understand.. I just do'nt want to..Each life on earth so very precious.. Candles flicking about in the hills so suddenly gone..ahh!ff
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