CANCER VICTIM DEPORTED AS MEDICAL-MARIJUANA PITCH FAILS

Lawyer Says U.S. Jail Time Could Kill His Client

There were no token gestures yesterday as sombre medical-marijuana
crusader Steve Kubby was deported back to California to what his
lawyer calls a death penalty.

"I don't have any pot on me. I'm not going to break any laws," a
shaky Kubby said from the departure lounge of Vancouver International
Airport as he leaned on his wife, Michele, for support. "I'm going to
have to do the best I can.

"I'm being forced into a medical experiment. This is a very serious
threat to me. My wife likens it to taking insulin away from a diabetic."

Earlier this week, a Federal Court judge rejected Kubby's final
appeal to stay in Canada. Michele told court her husband, who is
stricken with adrenal cancer and has used pot to ease his symptoms
for nearly 20 years, would die if he returned to California to serve
out a drug sentence.

Four years ago, Kubby was handed a 120-day sentence in Placer County,
near Sacramento, for possession of peyote and a magic-mushroom stem.
He was told he could serve it under house arrest, but instead the
family fled north to Canada in 2001.

He claimed refugee status, arguing he'd be persecuted and his life
would be at risk if he was sent back. The Immigration and Refugee
Board ruled in 2003 that Kubby's life wasn't at risk.

Kubby's U.S. lawyer, Bill McPike, said his client will likely be
arrested when he appears at Placer County courthouse on Tuesday.

"Officials in Canada might be sending him back to a death sentence,"
McPike said, adding that he hoped U.S. officials won't try to make an
example of Kubby.

McPike called Kubby a "political prisoner" who probably won't have
access to pot in a U.S. jail and whose health will suffer. He was
uncertain whether Kubby would face additional charges for fleeing the country.

Michele, who has also been ordered deported, was granted a week-long
extension to move herself and children Brook, 9, and Crystal, 6, from
their home near Kamloops. She hinted the family could return to Canada.

"I'm going to stick by his side," Michele said. "He has to take care
of his problems. We could come back."