POT REFUGEE KUBBY LOSES BATTLE TO STAY IN CANADA Marijuana refugee Steve Kubby is facing a return to the U.S. after losing his battle to stay in Canada. "We spend millions of dollars on bogus refugee claims like this every year while genuine refugees have to wait in line until after Americans get off their soapbox," said Abbotsford Tory MP Randy White after hearing of Friday's decision. Kubby was convicted in California four years ago of possessing peyote and a magic-mushroom stem. He received a 120-day sentence, which the court said he could serve at home because of his medical condition. Instead, he and his wife and two children fled to B.C. Kubby, who suffers from adrenal cancer, claims marijuana is the only drug that helps his disorder and he won't have access to it in jail. In 2003, the Immigration and Refugee Board found that there was no evidence that Kubby, who ran for governor of California in 1998 for the Libertarian Party, would be denied medical help in a U.S. prison and denied his application for refugee status. Kubby appealed to the Federal Court of Canada and on Friday, it upheld the ruling that Kubby is not a refugee. "How many more refugee claims will our government be entertaining from Americans wanting to avoid drug laws in the U.S.?" White asked. "The refugee board must begin to reject such applications and get on with the job of processing applications for genuine refugees." Kubby could not be reached for comment at his Sechelt home yesterday.