RETURN POT TO AILING B.C. MAN, RCMP TOLD

VANCOUVER -- A B.C. provincial judge has ordered the Mounties to return a
batch of home-grown marijuana to American refugee claimant Steve Kubby, a
cancer patient who smokes up to 12 joints a day to ease his symptoms.

In the latest twist to a bizarre, cross-border legal drama that began when
Mr. Kubby fled California, a federal Crown prosecutor has dropped drug
charges against the Sechelt man, who says he will die if he doesn't light
up each day.

Mr. Kubby has been using marijuana daily for nearly 20 years. He says it
controls pain and nausea, and has stopped tumours from spreading.
High-profile cancer specialists on both sides of the border have backed his
claims with written testimonials.

Last spring, the RCMP arrived at Mr. Kubby's home about two hours north of
Vancouver, seized dozens of plants and charged him with cultivating
marijuana and possession for the purpose of trafficking.

Since then, Health Canada has granted Mr. Kubby a medical exemption that
allows him to use and grow pot. His exemption -- the largest in Canada --
allows him to possess up to 59 marijuana plants.

With that waiver, a federal Crown prosecutor on Monday dropped the drug
charges and Judge Dan Moon ordered police to return Mr. Kubby's pot and
growing equipment.

Yesterday, at another hearing to deal with the logistics of the transfer,
the RCMP suggested Mr. Kubby pick up the equipment and pot himself. Mr.
Kubby declined and another meeting has been scheduled for Dec. 23.

Mr. Kubby's wife, Michelle, joined him in court. The couple have two young
daughters, aged 2 and 6.

Since the April raid, the Kubbys have started a new marijuana operation in
their garage. The equipment taken by police last spring included enough
pumps, fans and hoses to fill the cab of a pickup truck.

Mr. Kubby said he was thrilled about the judge's order and relieved the
charges were dropped.

"Can you believe it? A judge telling police to give all my stuff back? Only
in Canada."

He said he hopes the decision will make police think twice about seizing
marijuana-growing equipment from people who tend the plants for medicinal use.

The RCMP weren't pleased that charges were dropped or with the prospect of
returning Mr. Kubby's pot, Sergeant Danny Willis of the Sechelt Division said.

"That's a federal Crown decision, not a police decision," he said.

"That's the way the system works and we can make our feelings known but the
ultimate decision is theirs [the Crown's] and we have to respect that. We
don't have to like it, but we have to respect it."