KUBBY
DEFENSE FUND
32545 B Golden Lantern, Suite 101, Dana Point,
Ca 92629
www.kubby.com/00-contribute.html
or
michele@kubby.com for PayPal
customers
Dear Friends,
On Tuesday, April 16th, Steve and I were
arrested, again - this time in Canada. Steve was held for four
days, one day longer than in Placer County, and then released
on $7,000 bail.
Dr. Vincent DeQuattro, the world authority
on Steve's disease, examined my husband after his last stay in
jail in 1999 (sadly, Dr. DeQuattro has passed away recently).
At that time he told me that if Steve had remained in jail for
a fourth day, we would have been studying him via autopsy. Because
of that dire warning from Dr. DeQuatttro three years ago, try
to understand my terror just last week when the hours kept ticking
away on Steve's fourth day in jail. On top of that, I heard there
would be no guarantee of his release.
I never want this to happen again, and we
now have international attention and a real chance to end this
persecution of Steve for using a plant he needs to stay alive.
Our arrest would normally be a terrible thing,
(I must be honest, while it was happening it was terrifying),
but not in this case. Canada has a court system that will really
listen to us, and give us an opportunity to finally clean up the
stinking mess that continues to fester in Placer County and hounds
us even in Canada.
Let's face it, none of us were happy with
the outcome of the trial in Placer County. It still seems impossible
that someone could be convicted of owning a non-usable amount
of a natural substances and then have their life threatened by
going to jail as a punishment -- especially since the people have
voted against just that!
Our only remaining hope for keeping Steve
alive and out of jail, was to appeal his convictions and ask for
protection under Proposition 36 -- California's historic new law
which forbids first, and even second time drug offenders from
being sent to jail. But just last week, we were handed a decision
that seemed like the final death knell for us. The Third District
Court of Appeals ruled that Steve had to turn himself in to Placer
County authorities while the Court decided if Steve should be
granted protection under Proposition 36. They even characterized
Steve as a fugitive! The Sacramento Bee quoted one of Steve's
former attorneys, an outraged David Nick, who insisted that Steve
has never been a fugitive. In fact, we got permission from the
Placer court to leave and go to Canada!
Just when we had no options, providence stepped
in and knocked on our door. Once we were both arrested, we fell
under the exclusive jurisdiction and protection of the Canadian
court system. I must tell you, we were both treated much more
fairly here than in Placer County. I never saw the inside of a
jail cell. I had a simple quick 30 minute booking. Steve had much
better medical care. They regularly checked his blood pressure
and knew to have an ambulance ready to go if he needed it.
He told me it got pretty bad a couple of
times, but the thought of the children and me kept him going.
That is all both of us wanted - to have the family together again.
Plus we knew that once Steve was out, you, our faithful supporters,
would be there for us ready to fight and fund this next battle.
I have to be honest with you though, technically,
we broke one law . . . we grew cannabis. However, this was justified
under English Common Law, by the more compelling need to save
Steve's life. As a result of the "necessity defense",
no patient in Canada has ever been convicted for growing medical
marijuana. In fact, medical marijuana continues to be supported
by 93% of the people in British Columbia. For these reasons, it's
difficult to imagine that a jury would even consider convicting
Steve.
It's funny how things work out in life, but
our arrest in Canada has created a wonderful opportunity for us
to achieve some extraordinary goals, just when we thought we had
no more options. We are now working to:
1) Put the illegal and immoral convictions
against Steve to rest. We may not find justice in the United States,
but now all the facts of Steve's case will all be heard in a Canadian
court that will restore justice, and right these wrongs.
2) Create a truly safe haven for our family,
and ensure that Steve will never again be treated as a criminal.
I want this case resolved and Canada will allow us to do that.
Then we can go on with our lives as decent law-abiding people
and never have Steve's life threatened needlessly again!
We didn't make the same mistake we did last
time we were arrested. We took the time to carefully chose our
jurisdiction. Unlike socially conservative Placer County, Vancouver
is one of the most pro-cannabis cities in the world, and the media
is squarely on our side. What better place to seek victory? This
is our time.
I know many of you are concerned about Steve's
health and I wish the news in that department were as positive
as other areas, but it is not. When Steve was jailed in 1999,
it awoke a sleeping giant in that his malignant tumors again began
causing serious problems. Steve began to suffer from high blood
pressure attacks on a daily basis. I can remember having to change
our bed sheets every morning because of Steve's night sweats for
the first month we were out of jail. Nausea, diarrhea, blindness
and horrible headaches, are other symptoms of Steve's disease
that he had to live with when he was deprived of his medicine.
It's only been in the last six months that Steve's blood pressure
has finally returned to normal, and he has regained his health.
I am concerned that we have used up yet another of his "nine
lives". I say this because Steve is a survivor, and although
he will get through this, survival comes at a cost of great personal
and physical pain.
Of course, I'm not happy that Steve's life
was put in such danger again, but I respect Steve for his commitment
and I hope you do too. Steve is now in a unique situation, his
"life and death necessity" defense will force the authorities
to deal with the reality of medical marijuana. My husband has
never started these fights, but he seems uniquely suited to stand
up for all of our rights when everyone else has been forced to
back down.
Who else is willing or able to stand up for
other medical cannabis patients who are too sick or too scared
to stand up for themselves? I recall that just last week, after
Steve was finally out of jail, our immigration attorney, Alex,
scolded Steve for creating an international incident by speaking
with the Canadian media and forcing the Canadian government to
act. Steve reminded Alex that when it comes to protecting the
rights of sick and dying people, "It's my job".
We told you that we would win in Placer County,
because the law we helped to pass was on our side, and we were
determined to uphold that law. We delivered everything we promised,
but it was not enough. Patients are still being arrested. The
Federal Government is systematically closing Cannabis Clubs by
force or legal action. The Bush administration has also re-opened
the Federal case the Clinton administration started against doctors
shortly after the Compassionate Use Act passed. Things keep getting
worse and worse for sick people. We need this case, in this jurisdiction,
to finally end this war against Steve and sick people like him.
We have everything we need. Two of Canada's
top attorney's, John Conroy for the criminal case and Alex Stojicevic
for our Immigration needs. We have the support of the vast cannabis
community in Vancouver. We have the Canadian media from the local
newspaper to the national TV news. We have generous, compassionate
friend like you, and we are riding a wave of change. Clearly,
this is a historic time with all of the key elements ready to
explode.
Prohibition is like the Berlin Wall, it has
seemed to stand forever,
defying our most ingenious attacks, but the Compassionate Use
Act taught us that we could crack the wall, and now we intend
to knock it down.
Imagine how you would feel, being part of
an effort that finally collapses the wall of prohibition against
sick people. Unlike the United States, Canada is teetering on
the brink of medical legalization:
1) The mayor of Vancouver, Philippe Owen,
once an ardent prohibitionist has now publicly called for cannabis
legalization.
2) Kash Heed, the top drug enforcement officer
for Vancouver, has publicly called for legalization of cannabis
as well. If you are a viewer of "Pot TV News", you have
seen him actually say this on our show
(www.pot-tv.net/archive/shows/pottvshowse-1027.html).
3) Jeff Jones, the executive director of
the Oakland CBC, told us that he was stunned by the availability
of cannabis on the streets of Vancouver.
4) Marc Emery, who earns about $3 million
a year selling cannabis seeds on the Internet, will be announcing,
with full-page ads in all of the Vancouver papers, that he is
running for Mayor. Marc will be making a serious effort and you
can bet that marijuana is going to be the hottest issue in this
city for months to come. This is the stage upon which our trial
will be heard, with all of these hometown advantages.
It would be nice if these kind of events
were happening in America, but they are not. However, consider
this; as Canada continues to decriminalize cannabis, it will only
make it easier to do the same in the U.S. I agree with Dr. Lester
Grinspoon of Harvard, that until marijuana is legalized it will
not be safe or easily available for sick people.
The passage of the Compassionate Use Act
was the vote heard round the world. Look at the incredible changes
that have happened, which have swept states and countries since.
Now we stand on an even greater threshold, where the cruelty and
suffering that has been heaped upon the sick will be on display
before a sympathetic audience. We intend to expose what really
happened, and continues to happen; and we will be granted real
justice.
It's an explosive mixture in Vancouver. The
DEA has just brought in 100 agents. The US Marshal's have just
opened an office. Full-page ads and millions of dollars are being
spent to promote a so-called anti-drug "IDEAS" conference
in Vancouver, where top American prohibitionists are going to
come and spread their lies about medical marijuana. Everywhere
around Vancouver the U.S. government is doing everything it can
to try to keep British Columbia from going in the direction it
is clearly headed. This trial could well be the spark that ignites
that explosive mixture, and forces the Liberal B.C. government
to give the people what they want: full recognition of medical
marijuana rights.
We have a lot on the line. If the authorities
think Steve is unfit to
remain in Canada, he will be sent to Blaine Washington where he
would be held for up to a month without bail before being transferred
to Placer County. We have three key appearances in May that we
must prepare for. This doesn't leave us much time to marshal resources.
Your support is needed once again to give us the fuel to save
Steve's life and inspire a revolution. I know I can trust you
to come forward again.
People tell me that donors like to hear a
monetary goal, but what price can you put on a human life? I don't
know how much we will need now we are fighting an international
battle. But we've won battles like this before, and we can do
it again if everyone pulls his or her weight. In this case, Steve's
life really is on the line. If he is to be forced to return to
the US, they will put him in jail for a lot longer than four days.
Please, help our family to once and for all end this inhumane
persecution of a sick person. Let's show the world that with great
lawyers, the right jurisdiction, the support of the community,
and financial help we can change 70 years of lies and deceit that
hurts so many people in so many ways.
Let freedom grow,
Michele
P.S. Whatever you can afford will be helpful.
$10 or $25 does make a difference when we add it all up. Yet if
you can afford to send $100, $500 or even $1,000 or more, that
could well be the difference between success or failure in our
fight. Just make your check payable to Kubby Defense Fund.
P.P.S. We do have on-line credit card donation
available. The addresses
are: www.kubby.com/00-contribute.html
or michele@kubby.com for
PayPal customers.
On behalf of Steve, Brooke, Crystal and myself,
thank you very much.
MEDIA COVERAGE:
- --Medical-Pot Activist Freed, Sacramento
Bee, (23 Apr 2002)
http://www.sacbee.com/content/news/story/2318927p-2747733c.html
Canada Arrests Third Pot Activist, The Press
Democrat, (21 Apr 2002)
http://www.mapinc.org/drugnews/v02/n776/a03.html
4 PUB LTE, 1 LTE: He Desperately Needs Pot,
The Province, (21 Apr 2002)
http://www.mapinc.org/drugnews/v02/n772/a02.html
- --Kubby Faces Marijuana Charges In Canada,
Auburn Journal, (21 Apr 2002)
http://www.mapinc.org/drugnews/v02.n765.a03.html
One Steve On Bail, The Other's In Jail, The
Province, (19 Apr 2002)
http://www.mapinc.org/drugnews/v02/n759/a02.html
Former California Libertarian Gubernatorial
Candidate Arrested, Tahoe
Daily Tribune, (19 Apr 2002) http://www.mapinc.org/drugnews/v02/n784/a03.html
Kubby Busted While In Canada, Auburn Journal,
(18 Apr 2002)
http://www.mapinc.org/drugnews/v02.n752.a04.html
California Men Face Hearing In Canada, The
Press Democrat, (18 Apr 2002)
http://www.mapinc.org/drugnews/v02.n752.a05.html
Medical Marijuana Activist Kubby Arrested
In Canada, Sac Bee, (18 Apr
2002) http://www.sacbee.com/content/news/story/2236602p-2637646c.html
Medical Pot Advocates Arrested, The Province,
(17 Apr 2002)
http://www.canada.com/vancouver/news/story.asp?id={C4FBB146-E675-482B-A626-B6D152B47251}
-------------------------------------
Originally Posted by CRRH:
CRRH is working to regulate and tax the sale
of cannabis to adults like
alcohol, allow doctors to recommend cannabis through pharmacies
and restore
the unregulated production of industrial hemp.
*Campaign for the Restoration and Regulation
of Hemp*
mail: CRRH ; P.O. Box 86741 ; Portland, OR 97286 USA
email: crrh@crrh.org
phone: (503) 235-4606
fax: (503) 235-0120
web: http://www.crrh.org/
