Flight To Canada
In 2001, exercising his right to appeal the conviction for peyote possession, Kubby obtained the court's permission to move to Canada with his wife and two children. Kubby and his advisors were concerned that police and prosecutors were determined to prove their theory that he did not really need medical marijuana and would find a way to arrest and incarcerate him. After the Kubby family had been in Canada for a few months Kubby alleges the terms of his appeal were changed without his knowledge or consent by two judges. Kubby claims that he was wrongly reclassified as a fugitive.
Kubby appealed his fugitive status through the Canadian legal system for five years. Among the arguments made in fighting the appeal was the likelihood that he would be denied access to cannabis in custody and risk death from his illness. This fear was later proved to be well founded as confirmed by the Placer Jail medical staff who found blood in his urine and other evidence of severe hypertensive trauma, which Kubby still suffers from, to this day.
Dr. Joseph Michael Connors, an expert in the area of adrenal cancers, testified at the Canadian extradition hearing about Kubby's medical condition:
| “ | According to Dr. Connors, Mr. Kubby's tumour releases, in excess quantities, hormones normally found in the adrenal gland that are called catecholamines. Excessive levels of catecholamines in Mr. Kubby's blood cause a range of separate symptomatic problems including paroxysmal headaches, sudden flushing or pallor of the skin, palpitations (rapid and irregular beating of the heart), hypertension (sudden dangerous rise in blood pressure), excessive sweating, sudden abdominal cramps and diarrhea, chest pain, shortness of breath, nausea, sudden severe weakness and anorexia (loss of appetite). If not controlled, Mr. Kubby's symptoms could evolve further to the point where a myocardial infarction (heart attack) or cerebral vascular accident (stroke) could occur. | ” |
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