Steve Kubby, US med-pot activist and former Libertarian candidate for Governor of California, has been making headlines in Canada with his recent court victories.
While he was running for governor, US feds staked out Kubby’s home, went through his garbage and plotted to put him behind bars for growing his medical bud (CC#18, Candidate Kubby). He was growing the herb to treat himself for a rare form of adrenal cancer which is typically lethal.
Kubby beat the med-pot charges in 1999, and left for Canada with the judge’s permission, hoping that Canada’s more compassionate laws would mean he could live his life in peace. He and his wife, Michelle, began to work as co-anchors of Pot-TV news.
Raid and resistance
In April 2002, RCMP raided Kubby’s home on British Columbia’s beautiful Sunshine Coast. Behind bars without medicinal pot for four days, Kubby nearly died. The imprisonment was based on false grounds, says Kubby, concocted by merciless bureaucrats who are still angered by his escape from jail.
“I had been in Canadian papers talking about medical marijuana,” Kubby told Cannabis Culture. “Canadian police didn’t like that so they went to Canada Immigration and US authorities, and said ‘is there anything you guys want him for?’ Placer County [in California], where I had my trial, lied and told them I was a fugitive, so they arrested me.”
Kubby’s US med-pot trial had jurors finding him not guilty for growing marijuana in 1999 to relieve his cancer, but did find him guilty of possessing a tiny mushroom stem and a few dried peyote buttons. Kubby was convicted of misdemeanor possession for both, minor counts that couldn’t stop Kubby from leaving the US.
“The prosecution’s plan was to get at least two felony convictions against me and then wait until they could arrest me again for growing my medicine. Then they could use the three strikes law to send me away for 25 years to life. It didn’t work and they were furious. Then I told the judge that I had to return to work as anchor for Pot-TV in Canada, and he gave me his permission. I’m a textbook case ? I’m being singled out, I’ve been given punishment that doesn’t fit the crime, and I’m a political fugitive. Now we’re going to court to force Canada to break a treaty that says they can’t accept refugees from the US, Great Britain or Australia, because those countries are supposedly the good guys.”
Kubby’s hearing for refugee status will be held on March 5.
“Canada’s Minister of Justice is violently opposed to us,” explains Kubby, “and he has sent all these lawyers to argue against us. Alliance MP Randy White called us and complained that if we forced Canada to break its extradition treaty, cocaine and heroin dealers would flood into Canada. He said ‘nothing personal but we have to stop you.’ It’s a ridiculous claim, but now what should be a short hearing will be an eight day extravaganza in one of Canada’s biggest venues, with the government pulling out all the stops.”
If Canadian authorities win, Kubby will be told to leave Canada for 15 days, and will have to smooth things out with Canada’s Minister of Justice before returning. Kubby argues that 15 days in the US will be enough for US drug-war baddies to grab him and throw him in prison while he awaits the outcome of the prosecution’s appeal to upgrade his peyote misdemeanor to a felony, which will deprive him of medical marijuana and surely kill him.
Although many are aligned against him, Kubby has the support of the UN Refugee Board and is confident that he will overcome yet another challenge to his life and liberty.
“Canadian immigration arrested me when they had no legal basis to do it. We are going to push them up against the wall and tell them, ‘look, you have to stop treating sick people like they’re criminals or else we are going to hold you accountable for all the laws you broke and all the harm you caused when you arrested me!'”
Return my med-pot!
Since his imprisonment in April 2002 for growing med-pot in Canada, Kubby received a federal Canadian exemption to grow and use medical marijuana. On November 25, the BC Provincial Court ordered the RCMP to give back Kubby’s grow equipment and the 3/4 pound of pot they had seized in the April raid. The RCMP acquiesced, but insisted that the ailing Kubby would have to go to the station and pick it up himself.
Still recovering from his imprisonment and with no vehicle big enough to retrieve his equipment, Kubby was stymied. He asked the RCMP to return the medicine and grow stuff to his door before December 23, 2002, but they didn’t.
Getting the cops to return the pot themselves was part of a bigger issue for Kubby, who believes that police should be held accountable for destroying sick people’s gardens ? even the gardens of sick people without exemptions. The Supreme Court of BC ruled that if you can qualify for an exemption today, then you presumably were just ask sick and qualified when you were raided, Kubby explained, and the raid was just as unfounded.
“There are many types of seizures and police have no excuse to destroy your medical garden just because they’ve seized it,” he explained. “The most they should do is make a walk-in seizure, where they leave it alone until the issue is decided. It is completely provided for under Canadian law.”
While courts begin to rule in favor of persecuted med-pot users, Kubby plans to finance his anti drug war activism with a groundbreaking new two-part CD-ROM video. Titled How to grow legal medical marijuana, the CD explains how to grow the dankest, most effective medical marijuana, how to apply to the Canadian government for an exemption, and how to escape med-pot charges in California.
“The great thing is that you don’t have to watch the whole thing to find out about something specific, like cloning,” explained Kubby. “You can just go to cloning and then click on it and get a five or ten minute clip on cloning, or go to mites and get a short clip on how to cure your garden of mites.”
“The CD features all the best in the business,” enthuses Kubby. “We’ve got famous Canadian pot activist Marc Emery on seeds, world-renowned grow-guru Ed Rosenthal on growing, and more!”
While they work raising money, Steve and Michelle Kubby reflect that their most valuable currency is their courage.
“I think what works for me more than anything is that Michelle and I have no fear,” concludes Kubby. “For us it is inevitable that marijuana will be legalized, that it will heal our people, our world, that our planet will be cleaner, that we can trust each other again, that we can live heaven on earth, once we get past these horrible ugly people and their toxic drug-war philosophy.”