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The Immigration Hearings of Steve Tuck and Steve K
By Hempology | April 21, 2002
By FlashGordon
Submitted 2002.04.18
Steve Kubby and Steve Tuck, both medical marijuana patients from the US,
were taken from their family homes by police on the Sunshine coast early
yesterday. Both came to Canada to escape persecution for the medicinal use
of cannabis. The arrests followed recent media attention, which many believe
caused increased pressure from the US to have them sent back. Michelle Kubby
was busy checking emails and making phone calls to help her husband Steve as
Flash entered the Pot-tv studios in back of the BC Marijuana Party Bookstore.
Flash gave he a big hug, “poor lady” was all he could bring himself to say.
Despite all that had happened Michelle was undaunted. She reminded her Dad
on the phone that the women in her family were strong. Her husband, Steve
Kubby, has Phoechromocytoma, a rare form of cancer and was given a prognosis
of 6 months to live but has out lived it by 26 years “for a reason” she
contended. Her husband, who played a key role in winning a California
referendum that supported the use of pot for medicinal purposes the 54 year
old founder of the American Medical Marijuana Association and host of the
Pot-TV news is a walking time bomb. Cannabis is the only medicine that deals
effectively with the life threatening symptoms of his disease. The cancer
causes the adrenal gland tissue to quickly replicate, and creates adrenaline
levels 10-20 times those of a healthy adult. Cannabis prevents the
replication of the abnormal cells and stops the secretion of the deadly
adrenaline. If Kubby is held in custody without access to cannabis until
Thursday, the day he is set to appear in provincial court, he may suffer
serious or fatal health consequences. Michelle was grateful that Marc Emery
had stepped in today to produce the
Kubby news
and she had much
success contacting local and international press. The Canadian press had
been especially helpful the CBC reporters assuring her that her husband
still was looking well where as the American press even the Fox network were
saying “well I don’t know if we can help you”. The Vancouver Province did a
favourable article quoting both Michelle and Mrs Tuck. The Canadian press
and Vancouver province had ushered them into danger attracting them to the
dragons eye of the DEA like eager lambs to sacrifice. “We’ll find them” DEA
head, Asa Hutchinson, vowed under his breath on the Fox network when he
heard of their whereabouts and evidently by the looks of the trench coated
lone plain-clothed “unidentified man” who Mrs. Tuck identified as a DEA
officer who attended both arrests. Steve told the officer, he said, “I
will go to Europe. I will leave. You people don’t have to arrest me.”
They didn’t say anything and he said, “So, is this my welcome to Canada?”
Michelle assured Flash Marc has given Steve Tuck $2000.00 for his lawyer.
In a lot of ways Mrs. Kubby was experiencing deja vu of when their home was
raided in California and in some ways that made it easier. This time they
were more prepared. They had hired the best immigration lawyer available
and legally they have till May 4th in Canada. They had hoped to globe trot
with 6 months in Canada and months in Jamaica doing their show over the
Internet and never settling down in either country. Flash expressed his
fears for penniless Steve Tuck has charges pending in California for the
distribution of medical cannabis to patients who have the legal right to
posses the forbidden medicine. He was wounded in the line of duty while
serving in the US army. Tuck is being persecuted by both Canadian and United
States governments for his use and advocacy of medicinal cannabis. The
police took Steve Tuck to the hospital for medical attention after his
arrest, before he was taken into custody in Vancouver. He is a American drug
war refugee with a completely depleted immune system and cancer in his spine.
At one time Steve had legal right to grow in California, and had done
instructional videos on television, but had witnessed authorities turn the
clock back on the laws and destroy what he had. His six months in Canada are
up as a visitor his wife said and his chances of staying may be slim unless
he claims political refugee status and expresses his fears of torture and
certain death which will surely befall him if he is dragged back to an
American prison and police state. He had fled to BC to seek Emery’s
assistance, after he was charged for a highly sophisticated system of supply
to patients in Humboldt County in southern California. Steve carried with
him a great knowledge of strains and what works for different people and
over a million dollars in seeds which he took the risk of bringing into
Canada to GIVE to prairie power systems for the Flin Flon mine because all
he has ever wanted to do is help and comfort the sick and dying. Now he had
finally got his wife and children to the sunshine coast as well and he was
thrown out of the frying pan and into the fire. “Take another toke” Flash
advised Mrs Kubby who gratefully double clutched, her own personal supply
left behind and only a small nug, a gift from Hillary Black, in her
possession which she was saving hopefully for Steve’s release. This is the
first time we have had to test the power of the Pot-TV medium, with no other
advertizing for the protest outside the immigration office at 300 west
Georgia at 9 am tomorow morning we’ll see really who shows up” mused Chris
Bennet at the helm of the controls to the pot-tv studio. “Think you can get
up?” “We’ll be there” Flash assured both Michelle and Chris, feeling the
chill of the cold morning air on his bones already…
The morning turned out bright and sunny when Lazy Dragon, Flash and his wife
Stoner Vixen, showed up at the Immigration offices on 300 West Georgia in
Vancouver for Steve Kubby and Steve Tuck’s immigration hearings. Hilary
Black, the foundress of the BC Compassion Club, pulled up in her mom’s old
Volvo. Out climbed Merketboy, Renee Boje the drug war refugee with her
husband Chris Bennet, author of
“Sex Drugs and Violence in The Bible”
They carried their new arrival, Shiva
Sun Bennet. At the door they met up with a couple of other activists and
they all went in as a group ignoring the security guard at the front desk
who wished to look up their status. “Yeah you can go on up,” he
acknowledged, well after Chris had already pointed out that “unless the
constitution had changed,” we had every right to attend the hearing. On the
16th floor, others were already assembled in the waiting area outside the
small court room. David Levine, who has his own supreme court date upcoming,
had gotten the word out and plastered Commercial Drive and downtown with
last minute notices of the hearing. He was there along with Marc Emery, the
patron of the rebellious arts and prince of pot, as well as Peter of
doobiecentral.com and a couple who had
got Renee’s email at 6 am and had made arrangements for baby sitter and caught
a ferry to be there for 9 A.M. Documentary filmmaker Daniel Gautreau was there
recording everything, as was CBC, BCTV, and The Province reporters.
Flash counted 22 people crowding the waiting area. The docket had been changed
and Steven Tuck, not Steve Kubby, was scheduled for 9 A.M. When two burley guards,
taking either arm, practically dragged him from, God knows how far away, or up
how many stairs.
He was wailing, and red in the face. At first it looked like he was crying
because he was overwhelmed by the support of all his friends. And then, as
the guards tugged and he winced, it became evident he was in great pain from
his spinal cancer. “Hey, is that any way to treat a man with a broken back?”
Chris Bennet demanded. As the guards scurried Tuck into the court room and
the milling crowd was given permission to file in taking up every available
seat, even Marc Emery was forced to stand by the door — even with extra
chairs. Mrs Tuck had to be subdued her anger at her husband’s treatment and
fears were self-evident. Tuck looked anguished as he sat with his lawyer,
fearing for his life if turned over to the Americans, but was cheered
nonetheless by his friend, and managed a smile at Flash. Steve’s lawyer
explained to the judge that he had come prepared to defend Steven Kubby
first this morning and did not have together everything necessary to make
Steve Tuck’s case, and asked for adjournment of three weeks. He explained
that lock-up was hazardous to Steve’s health and pointed out that he
obviously had support from his community and that they would even be able to
raise the $5000 bail. The prosecutor would have no part of this and sited
Tuck’s quote in the Province paper telling cops he would rather go to Europe
than be extradited to America. Tuck’s lawyer explained that was said out of
his fear of certain death in the US prison system and that he was too
unhealthy to endure a long flight and would not let down the community
putting up bail. The charges against Tuck were laid after he was already
visiting Canada assisting Mr. Smalls of Prairie Power Systems with seeds for
the Flin Flon government grow mine He had come in fact by invitation of our
government in the form of Health Canada. It could be that Steve may be
applying for political refugee status. The cautious judge agreed with
Tuck’s Lawyer that Steve was not likely to take off but stipulated the $5000
bail, and that Steve return to Vancouver once a week to the immigration
office and report for next three weeks until his hearing. There was an
audible sigh of relief from the assembled and Marc Emery chanced a smile. In
an outburst, Steve Tuck vowed that he would arrive a day ahead and sleep on
the Immigration office steps if necessary and that he “always keeps his
word.” The good-humoured judge warned him he was still under oath. Flash
slyly asked Marc who would raise Tuck’s bail and Marc poo-pooed him with a
wave of a hand and rushed off to the bank to get cash so that Steve could be
released and have again his medicine within an hour. Flash and the Gordon
Team went back to BCMP headquarters to hang out with Chris and Renee and
play with baby Shiva Sun, who only cried in court at the appropriate times
and had brought luck to his first protest. They reconvened outside the
courthouse at 2 pm for what was to be Steve Kubby’s Hearing. George Bailey,
though unshaven and suffering, had joined them and received a big hug from
Hilary Black. She then gave an impassioned interview outside to CBC
reporters in ranting style that would make “even David Malmo Levine proud.”
Once inside they were hit with doom and disappointment Steve Kubby’s case
had been withdrawn. Nobody knew why at first, until they heard the truth
from a tearful Hilary. The reason why Michelle Kubby, was not present with
them and Steven Kubby was not there, was because the police raided their
home that morning, and found 160 plants (according to CBC news). Hilary
feared the worse for Kubby as she drove the Gordon troupe back to the BC
Compassion Club, she explained that Kubby needed cannabis to modulate his
blood pressure; without it his blood pressure peaks and he is prone to heart
attacks and strokes. The only alternative thing doctors can give him is
blood pressure medication that lowers his blood pressure to its very lowest
so if he spikes he’s still all right. However with his blood pressure that
low he is listless and can hardly move to get out of bed or go to the
bathroom. After 48 hours without cannabis the marihuana medical miracle
patient enters the “red zone”. It was with much relief then that Flash
heard late in the afternoon that Kubby too was released on bail posted by
Marc Emery. Kubby now faces criminal charges for cultivation in Canada
before the immigration charges can be heard but the good news is the ball
will be in Queen’s Counsel John Conroy‘s
court.
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