The Little Brown Reader

American Medical Marijuana Refugee Ordered To Return To United States

NORML's Weekly News Bulletin -- December 11, 2003
http://norml.org/index.cfm?Group_ID=5856

American Medical Marijuana Refugee Ordered To Return To United States
Immigration Board Recognizes Pot To Be "Best Treatment Available," But
Rejects Patient's Asylum Request

December 11, 2003 - Vancouver, BC, Canada

Vancouver, British Columbia: The Canadian Immigration and Refugee Board this
week denied refugee status to American Steve Kubby and his family, and
ordered their return to California where Kubby is expected to be sentenced
to four months in jail for drug-related charges. Kubby has said he will
appeal the ruling.

He and his wife Michelle and two children will be allowed to remain in the
country while awaiting their appeal.

Kubby fled to Canada in 2001 rather than serve time in jail, where he would
be denied access to medicinal marijuana, which he requires to treat symptoms
of a rare, life-threatening form of adrenal cancer known as
pheochromocytoma. Kubby was diagnosed in 1968 with the disease - which he's
managed since the early 1980s exclusively by smoking cannabis - and given
six months to live. (Life expectancy of a person with pheochromocytoma is
typically three to five years.) Today Kubby is recognized as one of the
longest living survivors of the disease.

Though the Board recognized that "marijuana continues to be the best
treatment available to Mr. Kubby," and that he could potentially suffer a
heart attack or stroke without cannabis, it nevertheless ruled, "The
claimant is not a person in need of protection in that his removal to the
United States would not subject him personally to a risk to his life."

The Board based this decision, in part, on the premise that Kubby would
likely have access to medicinal marijuana while in jail. However, California
law does not compel the state to allow inmates access to medical cannabis,
stating: "Nothing in this article shall require any accommodation of any
medical use of marijuana ... on the property or premises of any jail,
correctional facility, or other type of penal institution in which prisoners
reside or persons under arrest are detained."

While living in Canada, Kubby had been one of fewer than 600 individuals to
receive a federal exemption from Health Canada to legally cultivate and use
pot for medical purposes.

NORML Foundation Executive Director Allen St. Pierre called the Refugee
Board's decision unfortunate and puzzling considering the government's prior
acknowledgement of Kubby's medical need to use cannabis. "This decision
makes little sense in light of the fact that the Canadian government has
already approved Steve Kubby's medical use of marijuana by granting him a
special exemption from prosecution," he said.

"Why they couldn't extend that same thinking to his asylum request seeking
protection for his health from America's policy of strict marijuana law
enforcement is puzzling. This decision does not bode well for the other
Americans who have sought refuge status in Canada for their
physician-sanctioned use of medical marijuana."

Since 1989, the Immigration and Refugee Board has heard nearly 1,000 refugee
cases from the United States, including 268 pending cases. So far, none of
those individuals have been granted asylum.

For more information, please contact Allen St. Pierre of The NORML
Foundation at (202) 483-8751. Full text of the Immigration and Refugee
Board's ruling is available online at:
http://www.irb.gc.ca/en/decisions/kubby/va2_01374_e.htm

(In accordance with Title 17 U.S.C. Section 107, this material is distributed without profit to those who have expressed a prior interest in receiving the included information for research and educational purposes.)