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Medical marijuana challenge fails
By Hempology | January 2, 2006
VANCOUVER 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 Canadas 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 wifes 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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