Dr. Mollie Fry's Medical Marijuana Conviction Upheld

A panel on the 9th US Circuit Court of Appeals has upheld the marijuana cultivation and distribution conspiracy convictions of California Dr. Marion "Mollie" Fry and her partner, Dale Schafer. Fry and Schafer, both medical marijuana patients, had been sentenced to five years in federal prison in the case, but were free on bail pending the appeal. There is no word yet on when they will have to report to prison or whether they will try further appeals.

After developing breast cancer, Dr. Fry turned to medical marijuana, and she and Schafer built up a medical marijuana practice, with Dr. Fry writing recommendations and she and Schafer growing and distributing marijuana to patients. They did so with the understanding from local law enforcement that they were in compliance with state law.

But local law enforcement was working with the DEA, and the couple was raided, arrested, and convicted of violating federal drug control laws. Because they were convicted of growing more than 100 plants, they face mandatory minimum five-year prison sentences.

They appealed the conviction, arguing that because local law enforcement agents were cooperating with the DEA at the same time they were assuring the couple they were in compliance with state law, local law enforcement was in effect working for the feds to entrap them. They also argued that local law enforcement entrapped them for sentencing purposes by encouraging them to grow more than 100 plants, the number that triggers a mandatory minimum sentence. And they argued their convictions should be overturned because they were not allowed to mount a medical marijuana defense.

But the 9th Circuit panel didn't buy any of it. In the opinion authored by Judge Richard Tallman, the court held that Fry and Schafer did not prove they were entrapped and that they were correctly precluded by Supreme Court precedent from mounting a medical marijuana defense. Now, the health-care providing couple are most likely headed to federal prison for their efforts.   

San Francisco, CA
United States
Permission to Reprint: This article is licensed under a modified Creative Commons Attribution license.
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I'm getting sick oh hearing

I'm getting sick oh hearing stories like this.  Our government is spending our money and their time to ruin good people's lives like these people.  We need to legalize marijuana as a country now.  The longer we wait the more lives that will be ruined for no good reason.

Looks like the Nazi's are

Looks like the Nazi's are back.

Legalize Now!

 God willing, I will be 74 in March 2011. Prohibition was declared in 1937, the  same year I was born. I am a third stage breast cancer survivor and I am a marijuana activist residing in NYC. I do not say it will work for everyone... as we all know legally prescribed medication does not work for everyone but I know it worked for me with out the heavy duty problems encountered by opiates that are so readily prescribed. Todays paper is filled with stories about the FDA wanting to plaster death fotos on cigarette packages in addition to the Attorney Generals Warning. This is to discourage people from smoking cigarettes that the government says will kill you... So! Why are they Legally available????? Why.. if smoking cigarettes is so detrimental to ones health and to those around them are they not removed from the market and treated as the addictive, people killing substance that they are???This is another reason to LEGALIZE cannabis NOW! If people can purchase cigarettes than they should be able to purchase marijuana. I am not aware of any study that says that cannabis has caused anyones death. We need to regroup, rethink and do whatever is necessary to make cannabis a Legal Commodity in this country and hopefully everywhere else.
 

Dr Fry&Marijuana

Today our TV and Newspapers are filled with stories of the FDA's intent to place death like images on cigarette packs along with the Surgeon Generals warnings of Cancer and Death. This is to discourage people from smoking. If its that detrimental to our health then why has it not be banned and why hasn't it been declared illegal????? Last week a study came out stating alcohol is more dangerous than Hard Drugs like Heroin and Cocaine. I am not aware of any study that declares marijuana responsible for any deaths and yet it is still illegal to purchase. I am a 3rd stage breast cancer survivor and Cannabis activist born in 1937 the same year prohibition of marijuana was declared.  Marijuana helped save my life. I do not advocate it for everyone as it may not work for everyone, anymore than a prescribed legal medication will work for everyone but I think people who are suffering need an alternative choice. I sympathize with Dr. Fry and Mr. Schaeffer  and wish that I could be in court to support them. In a country that tells you cigarettes and alcohol can kill you and it is still legal ...makes you wonder. My wondering concludes that the Government, Tobacco companies, Pharmaceutical companies and Liquor distilleries are all sleeping in the same bed that is feathered with tons of money...I intend to keep doing my thing to educate people and to continue pushing for LEGALIZATION of Cannabis for medical and recreational use. We must all stand in solidarity whether we ourselves indulge or not.  Its about our freedom . People who use cannabis will continue as before, regardless of what the law states. We must all.... regardless of age, ethnicity, gender, religion or lifestyle stand together. Only death can rule you out....According to our government death will rule you out if you keep smoking tobacco and drinking alcohol both which are legal. HMMM! Legal Death!

License to Lie

Clearly this is another up-tick for investors in the unjust prison industry. What I find amazing is the good doctor actually trusted the "man." In the last 35 years of 50, I can think of only a single encounter with any "law enforcement" agents where I was treated with the minimal respect I give to any other human doing. We see and read report after report, year after year, exposing this cartel of 'badges with guns' that are unquestionably above the law; some are sacrificed for marketing purposes, viz: the organization must be legitimate because they have internal regulators looking out for the interest of the customer.

Murders by SWAT nuts; assassinations by patrol officers; intoxicated driving, excessive speeding, family abuse, and extortion practices are all overlooked again, and again, and again, because of the alleged service to the community. And of course the court testimonials produced that would put most others behind bars for perjury are gospel; what goes on in the jails and prisons, behind the walls of secrecy, is neither just or right.

Lets face up to the facts, we have become feed cattle for all the crime cartels. There really isn't much difference between the west precinct and the west-side gang-bangers; an un-expected encounter will most likely result in pain, financial loss, or death.

License to Lie

Clearly this is another up-tick for investors in the unjust prison industry. What I find amazing is the good doctor actually trusted the "man." In the last 35 years of 50, I can think of only a single encounter with any "law enforcement" agents where I was treated with the minimal respect I give to any other human doing. We see and read report after report, year after year, exposing this cartel of 'badges with guns' that are unquestionably above the law; some are sacrificed for marketing purposes, viz: the organization must be legitimate because they have internal regulators looking out for the interest of the customer.

Murders by SWAT nuts; assassinations by patrol officers; intoxicated driving, excessive speeding, family abuse, and extortion practices are all overlooked again, and again, and again, because of the alleged service to the community. And of course the court testimonials produced that would put most others behind bars for perjury are gospel; what goes on in the jails and prisons, behind the walls of secrecy, is neither just or right.

Lets face up to the facts, we have become feed cattle for all the crime cartels. There really isn't much difference between the west precinct and the west-side gang-bangers; an un-expected encounter will most likely result in pain, financial loss, or death.

THANK GOD FOR MIOLLY FRY

MY SON WAS A PATIENT OF DR FRY AND WAS ISSUED THE RIGHT TO LEGALLY SMOKE MARIJUANA. ALTHOUGH I DISAGREED WITH MY SON DECISION TO DO THIS AT THE TIME BACK IN 2006  IT HAS MADE HIM A WONDERFUL MAN TO BE AROUND.  BEFORE THE MARIJUANA WAS LEGAL FOR HIM TO SMOKE DOCTORS TRIED SO MANY DIFFERENT TYPES OF DRUGS THAT KEPT HIM LETHARGIC AND HATEFUL.  HE IS A HAPPY YOUNG MAN WHO HAS NOW HELD THE SAME JOB FOR OVER 4 YEARS.  THIS WAS NOT POSSIBLE PRIOR TO HIM SMOKING POT.  THANKS TO DOC FRY FOR ALL SHE HAS DONE FOR OTHERS WHO WOULD HAVE SUFFERED HAD IT NOT BEEN FOR HER SAVING THEIR LIVES.  I LOVE YOU DR. FRY.  GOD KNOWS I LOVE YOU SO MUCH FOR SAVING MY KIDS LIFE.

Dr. Fry is being tryed

I am grateful to Mollie for authorizing our first license enabling us to access and use cannabis with less threat than I experienced in the 80's in this country. 

MJ's medicinal value is being denied by fascist peoples and organizations because (like the red pill in the movie, The Matrix,) it disrupts the program of false beliefs (our cultic training) these gate-keepers (policing mentality) have instilled and maintain in the servant class.  Once again, we find mammon (money) at the core this motivation.  Convincing us of false doctrines like trickledown economics and the purity of unfettered capitalism convinces many among us to blindly support (vote for) right wing policy makers that pass legislation that redistributes wealth upwards while getting the people to fight among themselves on what is considered a moral (not medical) issue (drug use).  The secularists and religionists so called “Invisible hand of God” perfectly controlling markets is very visibly seen as the Federal Reserve bank (not federally owned or run - private) giving away money (reserves) to their mega-bank PARTNERS.  MJ makes it possible to see through these well crafted lies by reawakening in us our natural impulses/feelings that can register when we are being lied to.  Our woefully misguided Leadership fears revolution and for good reason – it has not been in good faith with its peoples. 

Weed is the seed of conscious revolution.  It is the Antidope for the dope they have been selling us.  Elites work hard and devote a lot of OUR taxpayer money to program the minions to their opinions.  MJ allows people to shake off the neurotic programming of a very dysfunctional ever increasing legalized form of society that allows no room for the Spirit to transcend anachronistic forms of government. 

Thank you Mollie, Dale and all who Listen, Learn and Do what their Spirit tells them to. 

I’m with You. 

MJ – in Granite Bay 

.   

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