After numerous appeals, Kubby was asked to leave Canada under a "conditional Departure Order" within 30 days, which he did. He arrived in
San Francisco,
California, on Thursday, January 26, 2006, accompanied by his attorney Bill McPike, and was immediately arrested. Although it had been arranged that Kubby would surrender at the Placer Superior Court on Tuesday, 31 January, he was removed from the Alaska Airlines jet on arrival by San Francisco police officers at the request of sheriff's officials in Placer County and taken through secure areas of the airport, bypassing the supporters gathered to greet him. He was held in
San Mateo County Jail in
Redwood City, where, according to
NORML spokesman Dale Gieringer, he was becoming rapidly ill. He was transported to
Placer County Jail Friday afternoon and was arraigned at 1 p.m. in Dept. 13 of Placer County Superior court Tuesday, 31 January. Gieringer reports that Placer County Jail granted Kubby access to
Marinol, a
THC synthetic which lacks the
cannabinoids which have been shown to modulate
catecholamine levels. Kubby, with the Marinol, immediately went into cardiac arrest due to the lack of subsequent cannabinoids which modulated the known issues. Michele Kubby reported that the Marinol helped in specific quantities, but that her husband could tell subjectively that it will not be effective in the long run. She also describes her husband's conditions of confinement, In January, the San Francisco Board of Supervisors passed a resolution supporting Kubby and calling for his immediate release from jail. On March 6, 2006, Kubby was released early from jail for good behavior. At a March 14 hearing, he was re-sentenced to another 60 days in jail for violating his probation by not returning from Canada in 2001, and began serving the sentence on Wednesday, March 15. Kubby was released on April 5 after serving only 22 days of the 60-day sentence, his time reduced because of jail overcrowding. In July 2007, the Office of National Drug Control Policy (ONDCP—the drug czar's office) used testimony submitted to Congress to misrepresent the position of Kubby, claiming that he no longer supports medical marijuana. In written testimony before the House Judiciary Subcommittee on Crime, Terrorism and Homeland Security, Dr. David Murray, ONDCP's Chief Scientist called medical marijuana advocates "modern-day snake oil proponents," sneered at medicines that make patients "feel good," and claimed that laws okaying medical marijuana in a dozen states have led to "abuse, confusion, and crime." Then, to further buttress his argument against the therapeutic use of the herb, he added: Kubby suffered from almost constant nausea while on Marinol, he wrote, adding that Murray took his sentence about Marinol out of context. The paragraph from which it was extracted reads as follows: "During that time I experienced excruciating pain, a vicious high blood-pressure crisis, passed blood in my urine and I lost 33 pounds. However, there was also good news. I learned that Marinol is an acceptable, if not ideal, substitute for whole cannabis in treating my otherwise fatal disease. Now I am a free man and I am profoundly grateful to be alive and to have friends and supporters such as you." While conceding that Marinol can be effective for treatment of hypertension and would allow him to travel briefly without medical marijuana, it does not allow him to have an acceptable quality of life, Kubby said. "Please help me squash this deceptive and dangerous misrepresentation of my true feeling on this matter by the ONDCP," Kubby wrote. "It just shows how desperate they are that they must mislead people in this way. And just so there is no question about this, let me be clear: Whole cannabis is not only the best medicine for me, it is the only medicine that has kept me alive during the 32 years that I have continued to live, in relatively good health, despite a terminal diagnosis of malignant pheochromocytoma." ==Political positions==