cannabisnews.com: Pot User's Refugee Bid Is Rejected





Pot User's Refugee Bid Is Rejected
Posted by CN Staff on December 09, 2003 at 08:17:10 PT
By Eric Bailey, Times Staff Writer
Source: Los Angeles Times 
The Canadian government refused to grant refugee status Monday to a California medical marijuana patient who claimed he faced political persecution and would die in jail if he were returned to the U.S.Steve Kubby, 56, fled to British Columbia with his wife and two small children after his arrest and conviction on drug charges stemming from a 1999 bust that uncovered 265 marijuana plants in the basement of his Squaw Valley home. 
Paulah Dauns, a member of the Canadian Immigration and Refugee Board, flatly concluded in a 71-page opinion that Kubby, who was diagnosed with adrenal cancer in the late 1960s, "is not at risk of cruel and unusual treatment or punishment, or a risk to his life."She said Kubby had failed to demonstrate that it is even "remotely likely" that he would die in prison from being cut off from his cannabis. Dauns concluded that his jailers almost certainly would take pains to fulfill Kubby's medical needs and allow him access to marijuana.Kubby vowed to appeal the ruling, which he labeled "a cowardly decision." "We're going to get this before a real court and a real judge," said Kubby, a onetime magazine entrepreneur and medical marijuana activist who ran unsuccessfully for governor of California in 1998 on the Libertarian ticket. "We're just stunned by this. The logic is just so twisted."Kubby's case stoked memories in western Canada of Vietnam-era draft dodgers who fled north decades ago. It has also caused a stir in government offices on both sides of the border.Canada's Parliament and courts continue to haggle over marijuana. Canada legalized medical marijuana two years ago, and has talked of decriminalizing recreational use.In the U.S., meanwhile, federal drug agents and prosecutors continue to press charges against high-profile medical marijuana advocates in California, a hotbed of the movement since state voters approved a landmark medical marijuana initiative in 1996. While California and seven others legalized medical cannabis, federal law continues to consider the drug illegal for any use.That uncompromising stand has prompted more than 100 U.S. medical marijuana expatriates to stream into British Columbia in the last few years, Canadian officials estimate. About a half-dozen U.S. medical marijuana patients have filed to become refugees. Snipped:Complete Article: http://www.freedomtoexhale.com/kubbyruling.htmSource: Los Angeles Times (CA)Author: Eric Bailey, Times Staff WriterPublished: December 09, 2003 Copyright: 2003 Los Angeles TimesContact: letters latimes.comWebsite: http://www.latimes.com/Related Articles & Web Sites:The Kubby Defense Fundhttp://www.kubby.org/The Drug War Refugeeshttp://freedomtoexhale.com/smk.htmCanada Rejects Medical Pot Asylum http://cannabisnews.com/news/thread17941.shtmlRefugee Loses Bid To Stay in Canadahttp://cannabisnews.com/news/thread17938.shtmlGrass Not Always Greener On The Other Sidehttp://cannabisnews.com/news/thread17937.shtml
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Comment #5 posted by FoM on December 09, 2003 at 21:52:51 PT
elfman_420 
That is so nice. Thank You!
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Comment #4 posted by elfman_420 on December 09, 2003 at 21:48:56 PT
This will make you feel better =)
http://cannabis.youaremyfriend.com/
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Comment #3 posted by FoM on December 09, 2003 at 12:51:51 PT
kapt
I know it makes me feel sick. I actually feel sick and I usually feel fine.
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Comment #2 posted by kaptinemo on December 09, 2003 at 12:44:55 PT:
Most words can't convey my incredulity
Only profanity would. The McWilliams case is all the proof anyone needs that despite the written (and toothless) California 'guarantee' of Prop215 allowing patients to have their medicine, the reality is that Fed law will be used to trump local law. The local LEOs and pols will wring their hands with faux concern and with oily smiles step aside, citing Fed supremacy, and will supinely and with great tacit relief prevent Mr. Kubby from having what he needs...and Steve Kubby would be killed in prison for lack of his medicine. The episode where he was incarcerated and nearly died within days of his arrest by Canadian immigration officials illustrates that point better than anything. How anyone can maintain otherwise with a straight face is beyond me; either they are cretins, criminally insane or just plain sociopathic. In my travels about Canada, I've been struck by many things. One stands out very clearly: Many Canadians are resentful that many Americans don't know much about their country. There's even a Canadian TV show, very popular up there, that pokes fun at Americans' shocking (to Canadians) ignorance of things international in general and of things Canadian in particular. Here's some about it: http://radio.cbc.ca/programs/thismorning/sites/a&e/mercer_010330.htmland to keep things balanced, a riposte:
Why Should Americans Care? (or Can Rick Mercer Get Anymore Desperate?)http://www.pulpanddagger.com/movies/essay_three.html Well, guess what? Many Canadian lawmakers, judges, bureaucrats, etc. as well as many Canadian citizens appear to be suffering from the same problem...only much, much worse. Because in this case, THEIR ignorance (as typified by Ms. Dauns) of the reality of American (choke, gag, cough!) 'justice' viv-a-vis this situation isn't yuk-yuk humorous. They naively (or, worse, knowingly) accept California and US Federal assurances that the Kubby's won't be harmed, oh no, we don't force people to suffer and die in prison without access to the medicine they need. Nooooo, *we're* a nation of (brass fanfare) LAWS!Laws...just like the ones that allowed the Feds to kill McWilliams.My old instructors would say it until I wanted to scream: "Ignorance kills." The ignorance exhibited by Ms. Dauns deserves a "Talking to Canadian Bureaucrats" program. Before that stunningly dangerous lack of understanding takes his and other's lives. 
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Comment #1 posted by elfman_420 on December 09, 2003 at 12:15:20 PT:
Is Paula Dauns trying to send a message to the US?
"She said Kubby had failed to demonstrate that it is even "remotely likely" that he would die in prison from being cut off from his cannabis. Dauns concluded that his jailers almost certainly would take pains to fulfill Kubby's medical needs and allow him access to marijuana. "She really thinks this?? Or is she trying to send a message that the U.S. is intollerant and cruel?
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