100 Plants in 5 Year Period Brings Mandatory 5 Year Sentence for Doctor

 

The sad story of Dr. Marion “Mollie” Fry, a physician and a cannabis patient, and her partner, attorney Dale Schafer, who are going to jail this May for 5 years is being told by Sharon Letts, a local writer, will be in High Times this fall. Here is a sneak preview.

According to Schafer, the couple had never grown more than 44 plants in a given year.  A little known fact, he explained, is that under federal law more than 100 plants grown in a five year period, accumulatively, is cause for the mandatory five-year sentence, overriding state laws.

Dr. Fry, who had gone through a radical mastectomy just three years prior, had made the decision to grow her own medicine, medicating through her illness, surgery and continued to medicate from myriad complications from chemotherapy until the arrest. Schafer suffers from hemophilia and failed back syndrome, is under constant care, and had also medicated with cannabis legally.

According to Fry and Schafer, prior to the arrest they had conferred numerous times with local officials, state Attorney General Bill Lockyer, and El Dorado County Sheriff’s Detectives Timothy McNulty and Robert Ashworth, regarding the legality of their cannabis production for their own use and for Fry’s patients.

“We weren’t selling the medical cannabis to my patients,” Fry said. “We had staff and were charging $10 for delivery only, and that’s a common practice today.”

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Photo by Sharon Letts

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7 comments

  • Utterly shameful behavior by the Feds.

    To say that their lack of compassion and failure to use any sort of reasonable discretion in deciding who to go after is truly SICKENING — well this is now literally true, as well as figuratively true.

    Needless suffering, needlessly applied.

  • This doesn’t make sense and I wonder if there’s more to the story, like they accidentally antagonized the wrong person. Why would the feds bust this little person when there’s massive warehouses full in Oakland? Something else is up here.

    • I am the oldest daughter of Dr. Mollie Fry & Attorney Dale Schafer and the answer is that they were 10 years ahead of their time. The DEA Raid occurred in September of 2001. Just weeks after 9/11 BTW. Anyway, my parents were trying to make a relatively new law work for both patients and law enforcement. California was not ready for my parents in 2001 but we are where we are today because of what my parents were doing in 2001.

  • This doesn’t make sense and I wonder if there’s more to the story, like they accidentally antagonized the wrong person. Why would the feds bust this little person when there’s massive warehouses full in Oakland? Something else is up here.

    • I am the oldest daughter of Dr. Mollie Fry & Attorney Dale Schafer and the answer is that they were 10 years ahead of their time. The DEA Raid occurred in September of 2001. Just weeks after 9/11 BTW. Anyway, my parents were trying to make a relatively new law work for both patients and law enforcement. California was not ready for my parents in 2001 but we are where we are today because of what my parents were doing in 2001.

  • You and I have a Constitutional Right to grow, to possess, and to consume cannabis sativa and its variants.

    Really you do.

    I have pointed out to people in debates for years that it says right in the Constitution that you have a right to grow, possess, and yes! smoke cannabis sativa if you so choose. These people (some of them are well meaning but just ignorant) challenge me to point out the words in the Constitution that guarantee me the right to use cannabis sativa.

    I tell them it is right there, right next to the words that guarantee them the right to manufacture, possess and consume alcohol. It’s right there, can’t you see it? Of course you can.

    Because when the Constitution was ratified and the Bill of Rights was ratified the cultivation and processing and yes! the smoking of India hemp (cannabis sativa and its cultivars) was perfectly legal in the newborn United States of America. As a matter of fact, so was the production and use of alcohol. That is why a century later that miserable exercise in prohibition against alcohol required a Constitutional Amendment to outlaw alcohol.

    It is time for the government to give up the war on hemp and move on. The War on Cannabis is Unconstitutional!

    This fraudulent “war” has no moral basis.

    We the People have the Constitutional Right to use cannabis in any one of its four uses: spiritual, medicinal, recreational and industrial.

    have a peaceful day,

    Bill

  • You and I have a Constitutional Right to grow, to possess, and to consume cannabis sativa and its variants.

    Really you do.

    I have pointed out to people in debates for years that it says right in the Constitution that you have a right to grow, possess, and yes! smoke cannabis sativa if you so choose. These people (some of them are well meaning but just ignorant) challenge me to point out the words in the Constitution that guarantee me the right to use cannabis sativa.

    I tell them it is right there, right next to the words that guarantee them the right to manufacture, possess and consume alcohol. It’s right there, can’t you see it? Of course you can.

    Because when the Constitution was ratified and the Bill of Rights was ratified the cultivation and processing and yes! the smoking of India hemp (cannabis sativa and its cultivars) was perfectly legal in the newborn United States of America. As a matter of fact, so was the production and use of alcohol. That is why a century later that miserable exercise in prohibition against alcohol required a Constitutional Amendment to outlaw alcohol.

    It is time for the government to give up the war on hemp and move on. The War on Cannabis is Unconstitutional!

    This fraudulent “war” has no moral basis.

    We the People have the Constitutional Right to use cannabis in any one of its four uses: spiritual, medicinal, recreational and industrial.

    have a peaceful day,

    Bill

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