Medical cannabis freedom fighter Dr. Marion "Mollie" Fry, 58, who was incarcerated on May 2, 2011 after more than six years of litigation and three years of appeals, and sentenced to five years in federal prison for "manufacturing and distributing marijuana" in California, a medically legal state, has finally learned of her release date -- and it's Tuesday, March 31, 2015, according to the website Can-Do Justice Through Clemency.
At the time of the raid on her family home, she was growing, along with her husband, Dale Schaefer, 34 plants in a small greenhouse on her rural property just north of Sacramento, medicating from a double mastectomy and subsequent chemotherapy treatments. She was also shearing her harvest with needful patients at no charge.
"We weren't selling the medical cannabis to my patients," Dr. Fry said. "We had staff and were charging $10 for delivery only, and that's a common practice today."
According to Schafer, the couple had never grown more than 44 plants in a given year -- well below the 99 plant limit set forth by the State of California for medical use -- and never sold a leaf. But under a little known facet of federal law, more than 100 plans grown in a five-year period -- accumulatively -- is cause for a mandatory five-year sentence.
In 1996, the voters of California passed Proposition 215, which legalized medical marijuana at the state level, so why is the Federal Government continuing the persecution of law-abiding citizens?
By Michael Bachara, Hemp News Correspondent
Sacramento, California - In a hearing set before Federal Judge Damrell, Doctor Mollie Fry, MD and her husband, Attorney Dale Schafer were ordered to surrender themselves to United States Federal Marshals on May 2, 2011 at 2:00 PM to begin their five-year minimum mandatory sentence in federal prison.
The married couple's draconian tribulations began in September of 2001, when the police raided their Sacramento home and found 34 plants. The couple thought they were on safe legal ground as they were well below the 90-plant limit established by the local city ordinance for cardholders such as themselves.
After a ten-day trial in 2007, it took a federal jury in Sacramento less than three hours to find them guilty of conspiracy to grow and distribute marijuana. In this landmark case, the prosecution was allowed to add three years of cumulative plants together, totaling approximately 109 plants, thus forcing mandatory federal penalties.