ONE STEVE ON BAIL, THE OTHER'S IN JAIL

A tearful and visibly shaking Steve Tuck, arrested in Sechelt on
outstanding marijuana charges in California, was released yesterday pending
a deportation inquiry.

Immigration Canada is arguing that Tuck, 35, and Steve Kubby, another
American who was taken into custody Tuesday on the Sunshine Coast,
illegally entered Canada and should be returned to the United States.

Kubby, 56, who was scheduled for a similar hearing yesterday, had his
immigration case withdrawn after police found 160 marijuana plants and
charged him with cultivating marijuana and possession for the purpose of
trafficking.

Both men are high-profile advocates of the use of marijuana for medicinal
purposes.

Immigration officer Michael McPhalen told an immigration adjudicator that
while Tuck was not a danger to society, there was a risk that he would
avoid reappearing for the inquiry.

But Tuck's lawyer, Alex Stojicevic, said his client had only been arrested
after he'd done numerous media interviews and he had nothing to hide.

"People who live underground typically don't do interviews," said
Stojicevic, who added that his client has been suffering since his
medicinal marijuana was denied after he was arrested.

Adjudicator Daphne Shaw-Dyck ruled that she had "good cause" to believe
Tuck will show up for the inquiry and "with certain conditions in place, I
think you can reappear."

Tuck was released on a $5,000 cash bond and on condition he visit an
immigration officer weekly until the inquiry begins May 9.

As he was being led away to be processed for release, Tuck told a roomful
of his supporters that he was feeling "better, much better. Thank you all,
it means so much to me."

Kubby remains in custody in Vancouver. RCMP said they expect he will appear
on the criminal charges in Vancouver. Immigration Canada said the charges
take precedence over immigration matters.

Kubby's wife, Michele Kubby, faces the same charges and was at large
yesterday, but RCMP said they expect her to turn herself in.