Pubdate: Mon, 02 Jan 2006
Source: Victoria Times-Colonist (CN BC)
Copyright: 2006 Times Colonist
Bookmark: (Kubby, Steve)
Bookmark: (Cannabis - Medicinal)
Bookmark: (Cannabis - California)
Bookmark: (Cannabis - Canada)


VANCOUVER (CanWest News Service) --The B.C. Court of Appeal has 
dismissed an attempt by Michele Kubby, the wife of former California 
Libertarian gubernatorial candidate Steve Kubby, to have Canada's 
medical marijuana regime declared unconstitutional.

Parliament has every right to criminalize the possession of pot if it 
wants to, Justice Anne Rowles said in a written decision supported by 
Justices Richard Low and Peter Lowry.

Since moving to Canada in 2001, Steve Kubby has received a medical 
exemption to possess and grow marijuana from Health Canada, but his 
wife's application was turned down.

She went to B.C. Supreme Court and argued the medical marijuana 
regime was unconstitutional. The court this spring dismissed her 
petition, prompting the appeal to the B.C. Court of Appeal.

The Kubbys and their two daughters, who live in Sun Peaks Village, 
have been ordered to leave Canada by Jan. 12, but are to have their 
appeal heard by Federal Court on Jan. 9.
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