cannabisnews.com: Grass Not Always Greener On The Other Side





Grass Not Always Greener On The Other Side
Posted by CN Staff on December 08, 2003 at 17:48:26 PT
By Rod Mickleburg
Source: Globe and Mail 
Vancouver — The green green grass of Canada is not a refugee haven for American pot smokers, a federal immigration and refugee board panel has ruled.In the first judgment of its kind, panel chair Paulah Dauns rejected a refugee bid from Steve Kubby, a heavy user of marijuana for medical reasons, who claimed he faces persecution in the United States for his high-profile advocacy of the drug.
Mr. Kubby also claimed he would die if forced to serve a four-month jail sentence imposed on him in California for possession of small amounts of peyote and mushrooms without access to marijuana.Ms. Dauns rejected his arguments, pointing out that the United States is a democratic country where the right to a fair trial exists. She pointed out that Mr. Kubby was actually acquitted of a number of marijuana-related counts against him in the U.S. and convicted only of possession of other illegal drugs. “In effect, the process worked, as it was designed to,” she said. And, while accepting that marijuana has undoubtedly relieved his long-standing cancer condition, Ms. Dauns found there was no evidence that Mr. Kubby would die if incarcerated.Mr. Kubby, 56, is one of a number of medical marijuana advocates in the United States who have fled to Canada in recent years to escape criminal charges, as federal drug enforcement efforts there conflict with laws in many states allowing people to grow and smoke dope for medical reasons.His is the first to be decided of several similar refugee cases launched by American marijuana proponents seeking to stay in Canada.According to one legal source, it may have been the strongest of the cases because of strong evidence that marijuana has improved Mr. Kubby's health.Mr. Kubby now lives on the Sechelt Peninsula north of Vancouver. He has a Canadian permit to grow 117 marijuana plants for medical use in order to feed his dozen-joints-a-day habit that he says has kept his rare form of adrenal cancer at bay for 20 years.“It's the biggest exemption in Canada,” Mr. Kubby exulted Monday. “The plants are gorgeous. I'm finally growing some really good bud, and my daughters are learning to say ‘eh'. I'm really happy here.”Far from being downcast by the ruling against him, Mr. Kubby said he was looking forward to an appeal, and hopes to involve well-known Toronto lawyer Rocco Galati.Mr. Galati was in the news last week because of his decision to stop representing alleged terrorists after a telephoned death threat. Asked whether he would be taking up Mr. Kubby's cause, Mr. Galati said: “I am not retained by him and I am not making any comment.”B.C. cancer specialist Dr. Joseph Connors told the refugee hearing that marijuana continues to be the best treatment available to Mr. Kubby.But Ms. Dauns rejected arguments that it was as essential to the claimant as insulin to a diabetic. “Insulin has been approved by the medical community as a treatment, whereas marijuana has not,” she said. “The research on the benefits of marijuana is woefully inadequate and inconclusive, making a comparison of these two treatments illogical.”Mr. Kubby came to Canada in the spring of 2001on a $50,000 contract to produce shows for Pot-TV, a Web site run by well-known pro-marijuana activist Marc Emery. Refugee claims by Mr. Kubby's wife Michele and their two children, Brooke and Crystal were also turned down.Globe and Mail Update Source: Globe and Mail (Canada)Author:  Rod MickleburgPublished: Monday, December 8, 2003 Copyright: 2003 The Globe and Mail CompanyContact: letters globeandmail.caWebsite: http://www.globeandmail.com/Related Articles & Web Sites:The Kubby Defense Fundhttp://www.kubby.org/The Drug War Refugeeshttp://www.freedomtoexhale.com/smk.htm'Reefer Refugee' Loses Asylum Claim in Canadahttp://cannabisnews.com/news/thread17935.shtmlPot Advocate Denied Refugee Status in Canada http://cannabisnews.com/news/thread17934.shtmlCanada To Decide Status of Medical Pot Advocatehttp://cannabisnews.com/news/thread17925.shtml 
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Comment #5 posted by The GCW on December 08, 2003 at 19:20:35 PT
Seen at Cannabis Culture
"A study has shown that only a year after their court appearances, 92% of cannabis users were again using the drug... Users of any drug, in fact, tend to regard threats to their health by drug use as a greater deterrent that the risks of getting caught."- Canadian Addiction Research Foundation - 
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Comment #4 posted by Virgil on December 08, 2003 at 19:05:31 PT
DK on $328 billion omnibus bill,the pot boils over
This is the thread to Dennis's response to the $328 billion omnibus appropriations bill that just passed in the house- http://www.democraticunderground.com/discuss/duboard.php?az=show_topic&forum=108&topic_id=98080It is relevant because many people were already on boil because of the fiscal sinking of the country's finances. But this bill included a provision that the House was stormed by the public and lead to the killing of the Family Leave Flexibility Act. 8 million people will lose OT pay as we have known it and will be felt like a lbow to the nose.I would say the country is on full boil.
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Comment #3 posted by The GCW on December 08, 2003 at 19:01:47 PT
Kucinich would end this in the future if elected.
 Kucinich put in writing that as president He will: 
"decriminalize marijuana" -"in favor of a drug policy that sets reasonable boundaries for marijuana use by establishing guidelines similar to those already in place for alcohol." 
http://cannabisnews.com/news/thread17917.shtml 
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Comment #2 posted by FoM on December 08, 2003 at 19:01:01 PT
Important E-Mail News from Steve Kubby
For Immediate ReleaseDecember 8, 2003 Press Conference:Tuesday, Dec. 9th, noon, BC Marijuana Party Headquarters, 307 West Hastings, VancouverKUBBY VOWS APPEAL OF RULING DENYING REFUGEE STATUS IN CANADAVANCOUVER -- Steve Kubby, medical marijuana patient and former Libertarian Party candidate for governor of California, vowed to appeal a ruling by the Refugee Protection Division today that denied him refugee status in Canada based on his need for medical marijuana.Kubby complained, "I cannot understand how the Refugee panel could conclude that my life would not be at risk if I were forced to return to the US, after the leading cancer specialist in British Columbia testified that I would die without it."British Columbia cancer specialist Dr. Joseph Michael Connors, an expert in the area of adrenal cancers, called by the Immigration Ministry, examined Kubby and testified at the hearing about his medical condition.The ruling recognizes that, according to Dr. Connors, "Mr. Kubby's tumour releases, in excess quantities, hormones normally found in the adrenal gland. Excessive levels of these hormones in Mr. Kubby's blood cause a range of separate symptomatic problems including paroxysmal headaches, palpitations (rapid and irregular beating of the heart), hypertension (sudden dangerous rise in blood pressure), sudden abdominal cramps and diarrhea, chest pain, shortness of breath, nausea, sudden severe weakness and anorexia (loss of appetite). If not controlled, Mr. Kubby's symptoms could evolve further to the point where a myocardial infarction (heart attack) or cerebral vascular accident (stroke) could occur."The ruling also acknowledged that "there is evidence before the Board, that marihuana controls the symptoms of Mr. Kubby's cancer, including hypertension. In Dr. Connors' opinion, marihuana continues to be the best treatment available to Mr. Kubby."However, the ruling went on to say that "it cannot therefore be stated with any degree of certainty, that marihuana is the reason for Mr. Kubby's survival even though it remains the best treatment option at this time."Health Canada has even given Mr. Kubby permission to grow one hundred and seventeen marijuana plants, based on "medical necessity."The ruling further acknowledged, Kubby "has received a Health Canada exemption, which suggests he is a bona fide ill person in need of medical marihuana. It is noteworthy that Mr. Kubby was investigated and charged with marihuana related criminal offences in Canada. Those Canadian charges were later stayed by the Crown, and his marihuana grow equipment was returned to him by the RCMP after the charges were stayed. This suggests the Government of Canada believes he has a medical necessity for marihuana."Despite all of this, the ruling somehow concluded, "he has not established there is a risk to his life or a risk of cruel and unusual treatment or punishment" if Kubby is forced to return to the US.Kubby vowed, "Apparently, I have to die in order to convince the Refugee board, but instead I intend to fight." Decision Online: http://www.irb.gc.ca/en/decisions/kubby/va2_01374_e.htm
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Comment #1 posted by FoM on December 08, 2003 at 18:10:19 PT
A Question
Without mentioning names how will others that are applying for refugee status do now?
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