Kubby to Go Back in Hole?

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Steve Kubby, medical marijuana activist and 1998 Libertarian Party candidate for governor of California, has had his legal gambit to avoid extradition back to the United States denied by the Canadian Immigration and Refugee Board. Kubby has been on the lam in Canada since 2001, fleeing a drug conviction in California. He was arrested for cultivating pot for medical use. Such use, he claims, has helped make him one of the longest-lasting survivors of the rare form of adrenal cancer he suffers from. He claims losing access to marijuana will kill him if he's sent back to the slammer in the U.S. He has been legally permitted to use marijuana while in Canada. Kubby and his wife and two kids will be permitted to appeal the decision, and stay in Canada pending the results of that appeal.

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  1. The Peter McWilliams case pretty well settled the issue in the court of public opinion. Americans are OK with denying sick people medical marijuana.

    See also

    http://www.rense.com/general2/pm.htm

  2. JENNIFER: Has anyone tried a different tactic–instead of arguing whether or not he has the right to own or grow marijuana, can’t someone try asking whether the government has the right to deny medicine to sick people?

    SinC: That’s exactly what the Oakland Cannabis Club took to the SCOTUS three years ago.

    The justices accepted that the claim of ‘denying needed medicine’ was insufficient on accounta the pharmacuetical industry provides usable alternatives. Specifically, in relation to marijuana itself, they accepted the fed’s assertation that Marinol – a strong synthetic THC – was ‘marijuana in pill form’ so no compelling need to permit access to the smokeable/bakeable/vaporizeable (yeah, not a word, I know) type of marijuana.

    Oh, fwiw it was a 5/4 decision where interestingly the majority opinion was written by Clarence Thomas, the only known Supreme to have previously experience with inhaling….

  3. Good luck Steve!

  4. I hope the poor man wins his appeal. Are there any legal groups willing to take his case pro bono? Has anyone tried a different tactic–instead of arguing whether or not he has the right to own or grow marijuana, can’t someone try asking whether the government has the right to deny medicine to sick people? A lot of folks who support a War on Drugs might feel differently about a War on Cancer Patients.

  5. If (probably when) he is extradited and jailed — he will die in prison.

    The marijuana lobby will have it’s first real martyr!

    Look what this did for Christianity!

    If history repeats itself, in a few hundred years marijuana will be part of the school lunch program.

  6. SteveInClearwater – kind of late reply to your post but your note on the Clarence Thomas majority led opinion is unfair – yes Clarence led the majority opinion that the Fed law prevailed over states law but it doesn’t end there. He went on to say the only fair way to attack the Fed position on Med MJ was to go after the use of the Commerce Clause to support the Controled Substances Act. Randy Barnett is arguing such a case and it looks like it will go to SCOTUS… lets see what Clarence Thomas decides then.

    http://www.nationalreview.com/comment/barnett200312190915.asp

    Good Luck to Steve Kubby!

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