Update on Steve Kubby and Steve Tuck

The Kubby family.The Kubby family.An open letter from Michele Kubby to the cannabis activist community:
Hello everyone,

Before I start, please accept my profoundest gratitude for all of the calls and e-mails of support. They have been coming in from around the globe! The internet is making it possible for us to mobilize on a world level. Thank you for keeping my spirits up.

I have personally not been able to speak with either Steve, but our immigration attorney has. He is concerned about Steve K’s health, but that is to be expected. After this amount of time had passed in Placer, Steve was having hyper tensive blood pressure attacks, blinding in one of his eyes, and vomiting. I hope that since he has been incarcerated before, he knows the ropes better and will be less stressed. Also, I am not incarcerated this time which is a huge comfort to him, I know.

Steve Tuck is in a lot of pain, too, I am sure, especially since he made the mistake of telling the Canadian immigration authorities that he would leave for Europe if they would just let him go. Because of that comment, the Canadian authorities do not trust that he will remain in Canada for his hearings. He is getting deported to the US. The attorney’s, (we have two – a criminal and immigration), believe that Steve Tuck is best sent back to Washington State. Tuck does not have Federal charges, so they reason that the Federal Marshal’s have no jurisdiction in removing him to California, since he is wanted on State charges, only.

Many of you might be wondering why Tuck does not ask for political asylum. Because of his comment to the immigration authorities, he lost any right to that request. I am deeply distressed at this news, I had hoped the authorities would have shown more compassion.

Now Steve K, is in much better shape. We had been preparing to renew our business visa just prior to the raid and had been discussing Steve’s legal situation at length with both of our attorney’s, so we were all prepared.

It comes down to the legal concept of (I hope I spell this right), diminicus. If I understand it correctly, diminicus means that you may use the defense of “non-usable quantities”. In the zero tolerance of the US, (at least in California), that defense does not exist. I know because we tried it. So, if Steve had been arrested in Canada and found with these substances, they would have been thrown out of court. What this all means is that our attorneys will be able to argue that Steve would not have broken Canadian law. Our attorneys feel pretty good about this legal arguement. (One of our attorney’s, John Conroy, is going to be at the Norml confernece. Please take a moment and say “Hi” if you have the chance! He is on of Canada’s leading criminal defense attorneys specializing in marijuana cases.)

The best solution would have been to get Steve out on bail today and delay any hearing for two weeks. Seems like we are on the fast track, instead. Steve will have a hearing to argue that he is not an undesirable alien tomorrow morning at 9 am. Our wonderful Canadian friends have organized a protest outside of the courthouse. I am overwhelmed with the international support.

The Canadian media has been wonderful to us, also. I called them shortly after this all happend to give them a follow up story so they could understand, when Medical Marijuana patients grant interviews, this is how the authorities respond. I have done two radio interviews, a tv interview, and a few newspaper interviews. All positive. The US media has not been so supportive.

I am feeling good about everything, especially since Marc Emery is paying for all of our legal bills and will cover the bail, if there is any. Marc is an amazing asset to this movement. I hope we all have an opportunity to thank him for his incredible generosity and support. He filmed the Pot TV news with me today and will do so tomorrow. We hope to have footage of the protest and anything else we can get.

You all have also done so much. Your calls of protest have made the authorities painfully aware of Steve K’s dire situation. Immigration was actually going to make him wait until Friday for a hearing! It could very well have been too late then. You did make a difference, thank you.

If you live in the Vancouver area, please attend their hearing. It is set for this Thursday, April 18th at 9AM at the Immigration Courthouse, which is located at 300 W. Georgia street in downtown Vancouver. We are organizing a rally outside the courthouse. It is important that we pack the courtroom in order to show our support for Steve Tuck and Steve Kubby! Please join us if you can!

I will get back to you as soon as there is more information.


PS: Please send all e-mails to either Steve or me at our [email protected] address.