MEDICAL MARIJUANA USER SAYS COURT WILL HEAR REFUGEE APPEAL

VANCOUVER - An American user of medical marijuana who had his claim
for refugee status in Canada rejected more than a year ago says the
Federal Court has agreed to hear an appeal of his case.

Steve Kubby, 58, said he received word on Wednesday that the court had
granted him leave to appeal the December 2003 Immigration and Refugee
Board decision that he and his family were not entitled to refugee
status.

He said the hearing for his appeal is set for March 24 in
Vancouver.

Kubby came to Canada in 2001 after being convicted in California of
possessing peyote and one magic-mushroom stem. He received a 120-day
sentence.

He said he is licensed by Health Canada to consume up to 28 grams of
marijuana a day to treat the symptoms of his adrenal cancer and fears
that if he is deported to the U.S., he will be jailed for using the
drug.

However, in 2003, IRB adjudicator Paulah Dauns concluded Kubby's fears
of imprisonment were not a sufficient basis for refugee status.

"What Mr. Kubby alleges does not amount to persecution," Dauns wrote.
"He was prosecuted for a breach of a law of general application. ...
He is arguing he will be denied medication, not that he would be
tortured while incarcerated."

Dauns also found that, because California permits some medical use of
marijuana, that Kubby would have legal options open to him if he was
prosecuted for marijuana possession.

"There are (many) states in the U.S. -- some, like Washington and
California, have very liberal and clear medical marijuana laws," Dauns
wrote.

"Mr. Kubby is free to choose to live in whichever state he feels best
meets his medical needs."

Kubby said he is hopeful that the Federal Court will overturn the IRB
decision -- a move that could have an impact on similar refugee claims
currently before the board.