MEDIPOT FUGITIVE RETURNED TO PLACER JAIL

Kubby Arrested on Return to U.S. After Asylum Rejected

Medical marijuana activist Steve Kubby, a fugitive from Placer County,
was back in custody Friday at Placer County Jail after being arrested
at San Francisco International Airport.

Kubby, 58, was arrested on a no-bail warrant by San Francisco police
officers and booked into San Mateo County Jail as he disembarked from
a flight from Canada.

Bill McPike, Kubby's attorney, flew with his client from Vancouver to
California, and said that at least seven officers were waiting for the
plane when it arrived.

"They called out his name on the intercom," McPike said. "Kubby walked
to the front of the plane and they took him into custody on behalf of
the Placer County Sheriff's Department."

Dale Gieringer, who with Kubby co-authored Proposition 215 - the
compassionate-use act passed by California voters in 1996 - and is
currently director of the California National Organization for Reform
of Marijuana Laws, was at the airport Thursday night in the hopes of
greeting Kubby. He said law enforcement officials don't understand
Kubby's medical need for marijuana.

"The arms of the drug police state are awesomely long," Gieringer
said. "To drag a man back to jail for six months for nothing? He's not
a danger to society."

Kubby's wife, Michele, said Friday in a telephone interview from
Canada that the future of her family is uncertain.

"We don't know what's going to happen next," she said. "It's very
frightening."

Michele Kubby said she plans to be in California early next week. She
has until midnight Monday to leave Canada.

She said her husband has a prescription, valid in Canada, to smoke up
to an ounce of marijuana per day.

The Kubby family had been seeking to stay in Canada; however, the
Canadian Border Services rejected the family's bid for protection Dec.
9 and ordered them out of the country.

Kubby fled to Canada with his family in an effort to avoid
incarceration after a 2000 conviction in Placer County on charges of
possession of mescaline and psilocybin. Placer County deputies
reportedly found a small mount of peyote button and magic mushroom
during a 1999 raid of Kubby's Olympic Valley home.

In all, 265 marijuana plants in various stages of growth were
reportedly seized, officials said.

Sgt. Brian Whigam, of the Placer County Sheriff's Department, said
Friday that Kubby's arrest was solely based on the violation of probation.

"At this time that's the only violation," he said.

He was transported to Placer County Jail Friday afternoon and is
scheduled to be arraigned at 1 p.m. Tuesday in Dept. 13 of Placer
County Superior Court.

Whigam said Kubby appeared to be "fine" and will be have his medical
needs attended while incarcerated.

Kubby will most likely have to serve his custody time of 120 days and
address his probation violation, which could give him additional time
behind bars.

Kubby ran as the Libertarian candidate for governor on the 1997/1998
ballot. He contends he requires marijuana daily to stay alive and
stave off the affects of his life-threatening adrenal cancer.