FEDERAL COURT REJECTS MEDICAL-MARIJUANA ADVOCATES

Despite Claims Man Sick With Cancer Would Die In U.S. Jail

Medical-marijuana advocates Steve and Michele Kubby and their two
young daughters could be deported at any moment after a last-ditch
appeal in the Federal Court of Canada was dismissed.

The California family has been under a removal order since May 2002,
when the Immigration and Refugee Board found that Steve Kubby was
inadmissible to Canada on criminality grounds.

His wife and children were also ordered removed after overstaying
their visitor's visas.

The family filed refugee claims on the grounds that Steve Kubby, who
suffers from a rare form of cancer, used pot for medical purposes.

Their claims were denied.

They appealed to the courts, arguing that Steve Kubby faced possible
death in jail if returned to the U.S., but the arguments failed to
overturn the removal order.

On Jan. 9, facing a deportation deadline of Jan. 12, they filed a
stay application in Federal Court. A judge dismissed that application.

Federal Court Judge Yvon Pinard found that there was no risk to Kubby
if he returned to the U.S., but Kubby continues to insist there is a
serious threat.

Kubby was charged in California with cultivating marijuana after 265
pot plants were found in his home, but was later acquitted by a jury.
He was also charged with possession of mescaline and psilocin, was
sentenced to three months in jail and told he could serve it under house arrest.