'LIFE AND DEATH' MEDICAL MARIJUANA CASE DELAYED

A 'life and death' request for a court-ordered medical marijuana exemption
was adjourned for two weeks by a B.C. Supreme Court Justice in Chilliwack
Tuesday.

Justice Robert Hunter also refused to order an interim exemption for Steve
Kubby, a U.S. marijuana activist who claims the drug is the only thing that
has kept him from dying of cancer.

"Without an exemption to allow Mr. Kubby to use medical marijuana, in my
submission it will endanger his life," defense lawyer Dale Pedersen told
the court. "If he's not allowed to use medical marijuana, his adrenal
glands are going to start pumping adrenaline into his system - and even a
minimal amount could kill him."

But federal crown counsel Peter Kennedy suggested the two-week adjournment
to Aug. 19 would not affect Mr. Kubby's health, according to medical
evidence submitted to the court, and that he would not in any case be
"deprived" of his marijuana.

"There's nothing about use affected (by the adjournment)," he said.

But Mr. Pedersen said his client, already charged with growing marijuana in
his Sechelt home, does not have a "stable source" and the court delay would
force him to obtain the drug illegally - and possibly be arrested again.

"I'm not sure if the Crown is condoning (the illegal purchase)," Mr.
Pedersen said.

This is the second adjournment requested by the federal Crown since the
case came to the Chilliwack court last month.

Mr. Kennedy in his submission for the adjournment also noted the
defendant's legal status in Canada has not yet been determined. Mr. Kubby,
a 55-year-old California resident, moved to Canada in May 2001 and is now
seeking political refugee status here.

Justice Hunter refused to order the exemption Tuesday, or to grant an
interim order as requested by Mr. Kubby's lawyer.

"I'm not prepared to make that order today," he said.

"You're putting my husband's life in danger," Michelle Kubby, angrily told
the Justice, whose decision was made before her husband and a small group
of supporters had returned to the courtroom.

"The court told me to go out and break the law for two weeks," Mr. Kubby
said later outside the courtroom. "I'm astounded by that."

He said marijuana compassion clubs do not stock enough of the drug to meet
his needs of nearly one pound per month. In April police seized 154 plants
growing in his Sechelt home, which led to his arrest.

Brian Carlisle, who is also seeking a medical marijuana exemption, and
recently opened a compassion club in downtown Chilliwack, was also not in
the courtroom when his case was adjourned to Sept. 3.

But earlier he sat in the courtroom, grim-faced and choking back tears,
after a spectator outside had accused him of faking his medical condition.

Mr. Carlisle, who has been seeking a marijuana exemption from Health Canada
for nearly two years, said he was recently informed his condition is now
terminal.