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Medical Marijuana Providers Dr. Mollie Fry and Dale Schafer Prepare for Prison [FEATURE]

Special to the Chronicle by Sharon Letts

After more than six years of litigation, and three years of appeals for manufacturing and conspiracy to manufacture and distribute cannabis, Dr. Marion "Mollie" Fry and her husband of 25 years, civil attorney Dale Schafer, attended a hearing at the US courthouse in Sacramento Monday week, in which their bonds were revoked and they were given a the date of May 2 to surrender to serve five-year federal prison terms.

Dr. Marion Fry with longtime partner, attorney, Dale Schafer at their home near Sacramento. (Photo by Sharon Letts)
Fry and Schafer's prior home located in the hills just north of Sacramento was raided in 2001, with 34 plants confiscated - what they believed to be well below the 99 plant limit set forth by local ordinances.

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."

Ultimately it was staff, Schafer said, who broke rules, and ultimately they were responsible for all actions.

"We fired anyone who wasn't following the code of the law," Schafer said. "One week before we were raided, two undercover federal agents attended a workshop for 215 cardholders we were holding at the local Grange Hall. The chef teaching the class allowed patients to go home with some of the edibles made, including the agents."

Fry said comments were made during the class that may have been misunderstood by the agents, saying it was a comedy of errors with a not so amusing ending.

"The judge wouldn’t allow any medical evidence. They wouldn't let us tell the jury I was sick, or that I was a doctor," Fry said. "They wouldn’t allow that I was helping sick patients. Ironically, two years before the raid, local authorities asked me to tell them who of my patients were 'really' sick, and who wasn't." I told them it wasn't my job to police my patients, and that everyone who came to me had legitimate health issues. They have treated us like criminals."

Dr. Marion Fry believes that cannabis is good medicine, and that God will save her. (Photo by Sharon Letts)
Fry's lineage includes seven generations of doctors. Family notables include her grandfather, Dr. Francis Marion Pottenger, celebrated for being at the forefront of curing tuberculosis in the early 1900s, and founding the field of internal medicine in the process.

Her grandmother studied under Carl Jung in the 1950s, founding a Jungian institute in Houston in the 1960s, while her mother also became a physician in the 1950s.

"When I was young my mother told me I could do whatever I choose to do with my life. She told me the United States of America is a free country," Fry explained. "But, I was outspoken on this topic."

Lack of education on the topic of medicinal cannabis, Fry and Schafer agree, is the true culprit in their court case, and the couple chose activism to further the cause, something that may have contributed to their demise.

"When I was in the thick of helping people, I knew it was the right thing to do," she said. "Cannabis helped me immensely when I was going through cancer."

After ten years of defending themselves the couple has more questions than answers.

"Cannabis is proven medicine. Why would the state of California create laws based on what the people want, and then allow the federal Government to override them?" Fry asks. "I had cancer, we were growing medicine. I was helping people."

Dr. Fry's license to practice has been revoked for some time now, as has her husband's license to practice law. The couple's grown children with grandkids have moved back home to help with financs and save the family home. A Pay Pal account has been set up for donations. It can be accessed here. "Cool Madness," a book written about the trial by author Vanessa Williams is available online through StoptheDrugWar.org (publisher of this web site), Amazon.com or other online booksellers, or directly at the "Cool Madness" web site.  Donations and correspondence of support can also be sent to the family, P.O. Box 634, Cool, CA 95614.

Sacramento, CA
United States
Permission to Reprint: This article is licensed under a modified Creative Commons Attribution license.
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Railroaded in a Kangaroo Court

When the "Whole Truth" is disallowed in a trial, it is a travesty.  When the law alleged to have been violated is a damned lie, it is an atrocity.  This abominable practice must be abolished YESTERDAY.

-Richard Paul Steeb, San Jose California

You're correct

Anyone with half a brain and a modicum of compassion can see that.  Just too bad the powerful in government have neither.  I sent the whole article to all three of my "representatives" in Congress, and part of the article with the url (to this page), to Obama (so his staff also see the comments).  I suggest you all do the same, let's flood them with the fact this policy is evil to the core, and that each and every one of them (except Ron Paul) is partly responsible for that evil.

lettsgarden's picture

Thank you.

The only hope for freedom Mollie and Dale have is a Presidential Pardon. Please do keep forwarding and sending to officials. This hypocrisy is ruining lives. Thank you, SF Chronicle/StoptheDrugWar.org for posting the story.

Birthright

Before the takeover of America in 1910, all drugs where legal to buy, possess and use! The right to self medicate is a human birthright which can't be stopped no matter how Draconian the so called laws and resulting punishments are applied to any given human population.

Because our civilization here in America and elsewhere on our planet has been invaded by and alien culture and mindset that insist on compliance to "their" standards, doesn't mean we will comply or even accept "their" standards. I say let them "accept our standards" as we we're here first!

Its not just the drug laws, but whole damm bag of crap that must be set out to the curb! The war on everything human! The war on drugs, sex, people who think or look different, poverty (their bait and switch game), same partner marriage! The war on our children using poison vaccinations, poor education, reduction of all human services for children lunch programs, WIC, Home heating relief, mean while billions of dollars for crooked bankers, trillions of dollars to war on other human cultures so as to steal their resources. I'm I getting through to you all so far?

Illegal taxes on everyone but "them" the so called elite. Before "they" showed up, we Americans never had Drive by Shootings, so called illegal drug laws, massive prisons and the systems that support those prisons, injustices, crooked courts and their bad laws and bad law enforcement systems, massive money manipulation that sends 85 percent of us to the poor house, which we are told is called the "Federal Reserve Bank". Corrupt political system 85 percent of us suffer under that write crap that now passes for law!

if anyone disagrees with anything I've stated so far by all means please speak up!

War on the people by the corporations

I agree and would just like to add that a big part of the problem is a) the alcohol lobby and b) the prison industrial complex.

consolation

At least they'll be able to get their medicine in prison, because as we all know, prisons are the easiest places to get illegal drugs.

This is crazy!

All I can say is ....  This is a travesty of justice.  Our government is so corrupt!

Not long to go now

What is the Primary Fundamental Right?

The Primary Fundamental Right is the most basic of all human rights. It is the innate right of a person to the ownership of their own body and the right to do what they want to that body.

People who don't believe that the Primary Fundamental Right exists should ask themselves this question; can you do anything you want to your body and not have the possibility of going to jail for doing so? The answer is definitely no. Because of legal constraints we are all slaves. We are not a free people, regardless of what we may think. Therefore all the freedoms we think we have are really illusions unless we own our own bodies. Remember, only slaves cannot make decisions about their own bodies.

Every one of us, including the politicians, are now owned by our respective governments because of numerous iniquitous laws, including the drug prohibition laws and statutory rape laws that they the politicians have enacted supposedly on instruction from the majority of voters. In reality we have all been caught up in a swirling Socialism torrent sliding downwards towards Totalitarianism for over 100 years. The drug prohibition laws are a symptom of that progression, but not the root cause.

The Primary Fundamental Right exists because everything, with the possible exception of God, has an opposite and the opposite of Totalitarianism is the Primary Fundamental Right.  

http://www.primaryfundamentalright.org/index.php?pageName=pfrWhatIs 

Alternative Medicine Under Fire

This is part of the war against alternative medicine. It's happening in all developed countries. In the UK, vitamins (all vitamins) will soon be illegal without a doctors prescription. Intravenous vitamin C was made illegal in The U.S this year. Intravenous vitamin C has saved countless people from their deaths, nothing is safer and more effective. It's quite simple, they want to keep us sick and under their control, AND control the population. Any treatment or medicine that can compete with the profit margins of Big Pharma will be eliminated, starting with the most effective ones. If you really want to know what's going on, look no farther than The Georgia Guidstones, and Codex Alimentarius...

 

They will not win...

 

What court was this poor couple prosecuted in? State or Federal? Their rights and due process were obviously grossly violated. Someone needs to start a petition or right they're congressman. I'd be happy too, but I have very little time. What an outrage, the people responsible for this injustice should be hanged...

Feel safer yet now that these

Feel safer yet now that these two obvious threats to all that is good and right in the world are about to be removed from society?

Reject fear-tactics and legalize cannabis!

 

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I believe it is a matter for the majority of people to see that the whole cannabis prohibition, the whole DEA "dogma" that "marijuana is a dangerous drug without accepted medical use" be exposed in its anti-scientific, deceptive nature. Cannabis is not physically addictive as it lacks the recognizable "physical withdrawal syndrome" (like opiates, or alcohol, for example); the so-called "gateway drug theory" has been proven to be nonsense by a scientific research, and was even declared "half-baked" by a recent study; drug Marinol, much touted by the DEA, is not at all the same as medicinal cannabis which, as opposed to Marinol, has over 70 active compounds interacting in therapeutic ways. Cannabis decriminalization is followed by a decrease (not an increase) in "teenage use", as the example of Portugal clearly shows, and (with another major scare-tactic disintegrating), smoking cannabis does not increase one's risk of lung cancer; combine all this with the violence-suppressing qualities of cannabis use, its propensity to be a "safe alternative" to alcohol/hard drugs, its remarkable medicinal properties, and then see if the DEA "dogmas" have any factual foundation and not just an empty talk that is being enforced by a version of philosophical "radical pragmatism" which basically "allows" its followers to disregard the truth in favor of, let's say, DEA "dogma", with such a dogma being constantly "reinforced" by a consciousness of "guilt" and "fear". "Radical Pragmatism" was at the basis of Illinois patients being denied their medicine, because the DEA intimidated enough "law-makers" with the "non-existing entity" of a "gateway drug theory. The same way, some rogue politicos in Montana are trying to trample the will of Voters of that state by "repealing" the medical marijuana law! So, what we (and I mean, all of us) need to do is spread this scientific knowledge (along with the refutation of "dogma"), so that even for the politicians this becomes a question of either siding with fear and ignorance (which will assure one kind or "legacy"), or with science, progress and compassion, which will bring a totally different "legacy" altogether; I doubt that any of these crooks will enjoy a "legacy" of him remaining silent when the modern-day "storm-troopers" dragged a cancer-afflicted granny to jail for using medicinal cannabis. Let's not forget to ask our politicians as well as to why they are "crying broke" and yet, at the same time keep financing the so-called "marijuana enforcement" while most of the country wants this rather harmless natural substance decriminalized altogether, and definitely legalized when it comes to its many remarkable medicinal uses.

 

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Cannabis

This is a shame. A federal judge, do all federal judges think they are above the will of the people? What kind of trial or judge is it that can hide pertinent information and call it fair!

 

THERE IS NO WAR ON DRUGS! THE TRUTH IS THAT IT IS AND ALWAYS WAS A WAR ON PEOPLE!

So, your honor.

One of the biggest and most destructive wastes of money is the war on drug people.

Despite incarcerating tens of millions of Americans and spending hundreds of billions of dollars, illegal drugs remain cheap, potent, and widely available, and the harms associated with them addiction, overdose, and the spread of HIV/AIDS and hepatitis C  continue to persist in every community.

Meanwhile the war on drug people is still creating problems of its own - broken families, increased poverty, wasted tax dollars, prison overcrowding, racial disparities, and eroded civil liberties. The United States now incarcerates more of its citizens in both absolute and per capita terms than any other country in the world, with less than 5% of the world's population but nearly 25% of the world's prison population.

There are many drug war programs that are ripe for cuts. LIKE THE D.E.A. its self. The evidence shows that the Byrne Justice Assistance Grant program, the National Youth Anti-Drug Media Campaign, and many other drug war programs not only don't work but do more harm than good. IT IS STILL A WAR ON PEOPLE.

ABOLISH THE D.E.A. AND ALL PUNISHMENT FOR USING DRUGS. Punishment does not work does it?

DAVEMAN50

Cannabis

This is a shame. A federal judge, do all federal judges think they are above the will of the people? What kind of trial or judge is it that can hide pertinent information and call it a fair trial!??

 

THERE IS NO WAR ON DRUGS! THE TRUTH IS THAT IT IS AND ALWAYS WAS A WAR ON PEOPLE!

So, your honor.

One of the biggest and most destructive wastes of money is the war on drug people.

Despite incarcerating tens of millions of Americans and spending hundreds of billions of dollars, illegal drugs remain cheap, potent, and widely available, and the harms associated with them addiction, overdose, and the spread of HIV/AIDS and hepatitis C  continue to persist in every community.

Meanwhile the war on drug people is still creating problems of its own - broken families, increased poverty, wasted tax dollars, prison overcrowding, racial disparities, and eroded civil liberties. The United States now incarcerates more of its citizens in both absolute and per capita terms than any other country in the world, with less than 5% of the world's population but nearly 25% of the world's prison population.

There are many drug war programs that are ripe for cuts. LIKE THE D.E.A. its self. The evidence shows that the Byrne Justice Assistance Grant program, the National Youth Anti-Drug Media Campaign, and many other drug war programs not only don't work but do more harm than good. IT IS STILL A WAR ON PEOPLE.

ABOLISH THE D.E.A. AND ALL PUNISHMENT FOR USING DRUGS. Punishment does not work does it?

DAVEMAN50

Dear God,I know we are to

Dear God,

I know we are to endure pain and suffering in your name, but we also hold to the hope that truth and good will eventually prevail. It is with great pain that I watch this happen in MY country.

I am a disabled veteran who was one of 5 veterans featured in an Emmy Winning Documentary.."the good soldier".  Of the 5, more than half are subject to arrest for medicinal use of cannabis because of the state in which they live. The VA has issued a directive to protect the VA Health benefits of those in the 15 states that have MM laws (VA Directive 2011-004; second revision). Mine is not one of these..yet...How can this be tolerated?

Bad things happen to good people..this one is a man made tradegdy.

incomplete reporting

this article leaves out some key details that would help people participate more meaningfully in the political process. who's the lawyer? the prosecutor? the judge? the DEA region and office? where were electeds? what dept of cdc[r] will be providing their medical care inside? or is this federal prison? if so where?

In response to your posting I

In response to your posting I would like to fill in some of the blanks.  Dr. Mollie Fry and Attorney Dale Schafer, are my parents and so I have some of the answers you seek. My mom was defended by Attorney Lawrence Lichter and my dad was defended by Attorney Tony Serra, both of the Pier 5 Law Firm in San Francisco, CA.  Assistant Federal Prosecuter Ann Pings prosecuted the case on behalf of the government.  This case was handled in the Sacramento District Office of the DEA in the Northern California Region.  My mom has been assigned to the Federal Camp at Dublin, CA and my dad has been assigned to the Federal Camp at Taft, CA. 

It's only been 6 months, since they surrendered, and it feels more like 6 years....

Thanks for all the kind words and support!

Heather L. Schafer

Change the classification

 

Over the years I have come the the conclusion that there is just to much money for the legal profession to be made with the present Federal Laws making marijuana a class #1 offense along with heroin, cocaine and crack cocaine.  Think for a moment of just who makes the real  money in marijuana, its the Attorneys for the defense and prosecution, the judges and all the other ancillaries of the Legal Profession such as:  the drug police both federal, state, country and city and the prison and the builders of prisons, the guards and their unions.   There are many more who have a financial reason to put you away in jail and I'm sure that you can think of many more.  The easiest way to stop the damage that these legal people do to the ordinary citizens is to change the classification of the marijuana from a class #1 drug to some much less as a class #3 and then there would be no financial rewards such as forfeiture laws, lawyer  fee's and the tremendous costs of incarceration.   Take the money out of marijuana and you stop the harassment of the sick and those that want the solace of cannabis rather than the legal alcohol.  You've seen what the tea party has done with a grass roots organization, start a political brouhaha about classification and the incarceration problem will disappear.  Much easier to change a classification  than Harry Anslinger's stupid law.

Does this make you mad?

I am in favor of legalizing Medical Marijuana in all states.  I am also an advocate for patient rights.  As a Californian, where we supposedly have the right to vote our own laws into effect, this is an atrocity.  In this state we have voted on several issues that affect no one but ourselves, only to have those decisions turned over by the courts.  If we, as citizens, have the right to vote on issues put on our ballot, should not the state uphold those issues? 

I am aggravated by the courts deciding,AFTER we vote, that how the citizens of this state vote is not acceptable.  If the courts are going to undermine everything we approve as voters, why even bother to put issues on the ballot?  My suggestion is this:  VOTE!  It is the only way to get rid of the idiots changing our laws.  Remember that Judges are elected, so are sheriffs and mayors and governors.  It is up to us, the little people, to stand together, speak up and let them know we don't approve of being treated like children.  We are grown up and really do know our own minds.  If we all get out and vote, we can make a difference.  Another solution, run for office yourself.  If more people have more options, we may actually be able to get rid of the 2 party system and find someone who actually believes in democracy and freedom, instead of money and lip service.

pot And Goverment

Instead of going after the Big drugs they go after the small fish that only uses as a medicine. This is a waste of time and tax money. The prisons have plenty of so called illegal drugs at high prices cut with what ever is at hand for small amounts. The native Indians grew pot as a medicine and no one fussed, why now when one is sick and maybe dying? Do you not have a heart? I do not smoke but if I ever needed it I would want it there but in pill form..This will be something that I will have to consider down the road. What ever happened to live and let live? Guess we are not so free after all.Leave  this  couple alone!!! But this will go unheard like all  everything else the people want, like the removal of prayer, of in God we Trust. You see our president isn't even around for the holidays since he isn't a Christian.

this is how public civil law persons are treated

time to learn how to "man up"

http://robcourtofrecord.wordpress.com

Dr. Mollie

Cool, California ain't so cool, is it? What dim-witted individuals saw fit to bust this couple when obviously they were following all state guidelines? To hell with federal guidelines, they are as corrupt as the day is long, and would rather put guns into the hands of cartels rather than legalize and cure people. Those that believe that big Pharma and others are to blame as well are totally correct. They adopt a "do as I say, not as I do" attitude and prosecute those that they want. Those that they don't want prosecuted are let go unscathed. Where is the "Justice for All?" I don't see it, nor, I wager, does anyone else. Release Dr. Mollie and her husband immediately! We have had enough out of the squawk box (Big Brother), we don't hear you, like you, or are considered a part of our freedom. To the contrary.....

New Petition to free Fry & Schafer and end mandatory sentences

we petition the obama administration to:

Review all federal cases of prisoners serving mandatory sentences for Marijuana Offenses and parole them in the interim.

In light of recent statements by Attorney General Eric Holder that the Federal Government will defer to State law regarding marijuana law, it would seem just and right that all individuals now serving federal mandatory minimum sentences for the violation of these federal statutes be remanded immediately back to the governing states for their cases to be reviewed based on state law. In addition, federal mandatory minimum guidelines for marijuana sentencing should be abolished based on their constitutional violation of due process by failing to take into account the individual facts in the case.

Until such time as this occurs, people such as Dr. Marion Fry and Dale Schafer, should be released from prison where they serve no good purpose and be reunited with their family.

Created: Sep 05, 2013Issues: Civil Rights and Liberties, Criminal Justice and Law Enforcement, Government Reform sign petition at http://t.co/7jr7T3YK28

New Petition to free Fry & Schafer and end mandatory sentences

Just created a petition at Whitehouse.org & it needs 100,000 signatures by 10-5-13. I hope this hasn't been forgotten because Molly & Dale did go to Federal prison and aren't scheduled to be released until 9-7-15.

Dr. Marion Fry prisoner # 15840.097 is at Dublin

Dale Schafer prisoner # 15839.097 is at Lompoc

sign petition at http://t.co/7jr7T3YK28

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