MEDICAL MARIJUANA CHALLENGE FAILS

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.