Bio of Marion”Mollie” Fry M.D.

Raised on the beaches of Malibu, both of Mollie’s parents were Physicians. Mollie comes from a line of physicians going back to the Civil War. She graduated from UC Irvine Medical School in 1985 and interned at UC Davis in Psychiatry.  She began to practice Medicine in Lodi, California. She moved to San Diego to practice medicine in 1987 when her husband, Dale, took a position with a San Diego law firm. Dale had two children from a previous marriage and she and Dale had three more.

Mollie’s mother died of breast cancer when she was ten so Mollie was always concerned about getting breast cancer. She was diagnosed with breast cancer in December of 1997 and had both breasts removed. Her cancer was very aggressive and she needed four courses of chemotherapy to have any chance of survival. Since her youngest was only five, Mollie chose to fight and take the chemo. Unfortunately, the chemo was very difficult to bear. She had intractable nausea and no conventional medicines worked. Her Physician recommended cannabis and it worked remarkably. When she and Dale tried to find out about how to get medical marijuana, there were very few answers. People were still being arrested for growing and possessing medical marijuana. Mollie and Dale began to see patients and helped them learn about medical marijuana. They helped patients get the necessary paperwork to defend themselves if they were arrested.

Mollie and Dale saw thousands of patients. Many of the patients asked how they could get cannabis or how they could learn to grow cannabis for their medical problems When the Ninth Circuit Court of Appeals ruled in the Oakland Cannabis Buyers Cooperative case that there was a medical necessity defense to marijuana charges under Federal law, Dale decided to help a few sick people by growing a few plants in his garden for them. Unfortunately, the Federal Government decided to make an example out of Mollie and Dale for trying to help sick people. You see, Mollie had testified over twenty times in front of juries for her patients and they were acquitted. Dale decided to run for District Attorney in El Dorado County, in part, to help clarify the medical marijuana positions of law enforcement. This seemed to anger people in positions of authority.

Dale grew marijuana plants from 1999 to 2001. The Federal Government raided their home and office in September of 2001. It wasn’t until June of 2005, just days after the US Supreme Court ruled in the  decision that the Federal Government has supremacy over State medical marijuana laws, that Mollie and Dale were arrested by the Federal Government. They were charged with manufacturing marijuana and conspiracy to manufacture and distribute marijuana. They went to trial in August of 2007 and were not allowed to raise any defenses to the Federal charges. Mollie and Dale had worked with the Sheriff and the District Attorney to establish County guidelines for medical marijuana. They had spoken with the Attorney General and Dale met with his Deputy for medical marijuana. Local sheriff deputies viewed their garden yearly. None of this was admissible in Federal Court. Mollie and Dale were convicted on both counts and the jury was instructed to add up three years of plants to reach just over 100 plants. Because of the minimum mandatory sentence for over 100 plants, they were sentenced to five years in Federal prison.

Bio of Dale Schafer

Dale went to school in Sacramento California during the 1960’s and early 1970’s. Despite having hemophilia, a bleeding disorder, he was active in sports in High School. Unfortunately, he suffered many injuries and bleeds into major joints while playing football, basketball and baseball. He pursued a medical education, but divorce made it impossible to complete and still maintain a relationship with his first two children. He changed to law and graduated from the University of Northern California School of law. He married Mollie Fry in 1985 and their first child was born in 1987. The family moved to San Diego when Dale got a job in a law firm. He defended Doctors in medical malpractice lawsuits as a way to satisfy his love for medicine.

When Mollie was diagnosed with breast cancer in 1997, Dale was left shocked and numb. He took care of Mollie daily after surgery by draining fluid from where her breasts had been removed. He gave her medication to help relieve her nausea. Dale had been a hospital corpsman in the Navy and this was second nature to him. When the Doctor recommended marijuana for Mollie’s nausea, Dale went looking for it.  He had to meet with drug dealers, and other dangerous activities, in order to get marijuana for Mollie. In order to avoid the black market, Dale began to grow cannabis in his garden. When Dale’s Doctor recommended cannabis to treat his severe chronic pain from his hemophilia, he bagan to grow cannabis for his use also.. The Sheriff’s deputies came to see the garden every year and they were very complimentary about his plants. Mollie and Dale helped thousands of medical marijuana patients to learn about the laws and get the necessary paperwork to prove that they were legal medical marijuana patients. Both Mollie and Dale testified as experts in trials for their patients to get them out of legal trouble. Dale ran for District Attorney of El Dorado County in an attempt to clarify the laws and the county guidelines for medical marijuana. Dale got a respectable 15% of the popular vote.

Dale grew a few extra plants in 2000 for some very sick patients after the Federal Appeals Court ruled that there was a medical necessity defense to Federal marijuana charges. An employee wanted to be the caregiver for the patients. The marijuana was to be free, but there was a $10.00 charge for delivery to their house. Unfortunately, this person decided to send cannabis through UPS rather than drive to their house and the DEA got called. In September of 2001, just weeks after the 9/11 attacks, the DEA raided his house and office. They found 34 marijuana plants. 22 plants were spider mite infested and were being nursed to keep them alive.. The Federal Government waited until June of 2005 to arrest Mollie and Dale. The case went to trial in August of 2007. Dale and Mollie were convicted of manufacturing marijuana and conspiracy to manufacture and distribute marijuana. The Judge did not allow any defenses to be raised. The Jury was instructed to add up all of the plants grown over a three year period and they found a little over 100. Dale and Mollie were sentenced to five years in Federal Prison because of the minimum mandatory sentence under Federal law for 100 plants.

Published on February 17, 2011 at 8:47 pm  Leave a Comment  

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