MARIJUANA ACTIVIST MAY BE DEPORTED TO U.S.

RETURN COULD MEAN DEATH, WIFE SAYS

VANCOUVER -- Medical marijuana activist Steve Kubby, his wife,
Michele, and their two young daughters may be deported to the United
States within days after a Federal Court of Canada judge turned down
their request for an emergency stay of a removal order.

Mr. Justice Yvon Pinard ruled that the public interest was not served
by "delaying further" in the federal government's statutory duty to
enforce the removal order "as soon as reasonably practicable."

"Canadian law does not give a foreign national such as Steven Wynn
Kubby a right to reside in Canada simply because he or she may be
able to obtain some preferred medical treatment or other benefit in
Canada," the judge said in a nine-page ruling.

Ms. Kubby, who represented the family at a Federal Court hearing in
Vancouver earlier this month, said her husband could die if he is
deported to the United States and put in jail for a minor drug conviction.

Mr. Kubby, 59, uses marijuana to control a rare form of adrenal
cancer. He is facing a jail sentence of least 120 days after a 2001
conviction in California for possessing a minute amount of mescaline
and psilocin. The family moved to B.C. after the drug possession conviction.

Judge Pinard, who was a federal cabinet minister under Pierre
Trudeau, said it "remains speculative" that Mr. Kubby will be jailed
in the United States, or that he will be denied adequate medical care.

Chris Cattran, the Placer County district attorney who prosecuted Mr.
Kubby, did not return calls for comment yesterday.

He was quoted earlier this month in a California newspaper as stating
that Mr. Kubby will be detained once he crosses the border and is
likely to spend more than 120 days in jail.

A senior official at the Placer County jail said that Mr. Kubby could
not have marijuana in custody. He could be prescribed Marinol, a
synthetic form of THC, the official said.

"We don't see what the big rush is" to deportation, said Mr. Kubby,
who lives in Sun Peaks, B.C.

"We are jumpy every time the door knocks."

He explained that Marinol is not effective in coping with his cancer,
and stressed that, apart from his health concerns, "the problem is
that no one wants to admit this is political."

Mr. Kubby ran for governor of California in 1998 as a Libertarian and
received more than 70,000 votes. He was also involved in the
successful campaign to pass California's Proposition 215 in 1995,
which permits people to possess or cultivate marijuana for medical use.

The drug possession conviction was imposed after a mistrial was
declared in a lengthy trial in California, where Mr. Kubby was
accused of selling marijuana to compassion clubs.

The jury voted 11-1 for acquittal in the case, which was prosecuted
by Mr. Cattran.

"I am not a lawbreaker, I am a law maker," Mr. Kubby said.

"All we are asking for is more time to clear my name." Mr. Kubby said
his conviction was improperly changed by the courts in California
during the appeal process to be a felony, rather than misdemeanour, offence.

The original sentence for drug possession was to be served through
house arrest. Mr. Kubby said his family decided to move to Canada
because there was no guarantee that he would be allowed to continue
to possess marijuana for medical use. "They could arrest me again at
any time," he said.

Mr. Kubby is filing an appeal of Judge Pinard's ruling in the Federal
Court of Appeal and is hopeful he will be allowed to remain in the
country. "We continue to believe Canada is compassionate," he said.

The Canada Border Services Agency has the authority to execute the
removal order immediately, as a result of the court ruling. "They
will be contacted. Their case will be dealt with," said agency
spokeswoman Janis Fergusson.

Privacy regulations restrict the government from disclosing how it
will handle the removal of the Kubby family, Ms. Fergusson said. "It
is not going to be a year from now. We are expected to do it in a
short period of time," she said.