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News (Media Awareness Project) - US CA: Jury Finds Couple Guilty In Pot Case
Title:US CA: Jury Finds Couple Guilty In Pot Case
Published On:2007-08-18
Source:Auburn Journal (CA)
Fetched On:2008-01-12 00:01:53
JURY FINDS COUPLE GUILTY IN POT CASE

Cool Doctor And Lawyer Cite Compassionate Use Act

Two Cool residents were found guilty in federal court Thursday of
manufacturing and selling large amounts of marijuana.

But the Cool professionals, Marion "Molly" Fry, a doctor and her
lawyer husband, Dale Schafer, say they are unfairly targeted and that
the pot they were growing, completely legal, was allowed under the
California Compassionate Use Act.

"They were convicted by the jury of all charges in the indictment
after three hours of deliberation," Rosemary Shawl, spokeswoman for
the U.S. Attorney's Office said Friday. "The are out of custody
pending sentencing Nov. 26."

The indictment contends Fry and Schafer cultivated 100 marijuana
plants at their home and "knowingly and intentionally conspired" to
distribute marijuana.

Schafer hired high-profile attorney J. Tony Serra. The San Francisco
attorney is well known for representing Ellie Nesler and members of
the Symbionese Liberation Army, or SLA.

Fry's San Francisco attorney, Laurence Lichter, said his client was a
recovering cancer patient and used cannabis to suppress side effects
of chemotherapy.

The indictment alleges that Fry and Schafer conspired to distribute
marijuana and manufacture at least 100 plants. The couple has
maintained their innocence.

Schafer said Friday he wasn't surprised at the verdict.

"I can't say I didn't expect it," Schafer said. "Once the federal
government decides to go after you, you have no defenses."

According to a DEA action filed in 2002, Schafer kept processed
marijuana in Fry's medical office and on "several occasions, he sold
processed marijuana to individuals." Fry and Schafer, both deny any wrongdoing.

"There was never marijuana sold out of that office, - period,"
Schafer has said.

In El Dorado County, where Fry and Schafer live, valid medical
marijuana patients, with a doctor's recommendation, are allowed to
grow or possess no more than 20 plants at one time.

The Drug Enforcement Agency action claims that a federal undercover
agent was able to obtain a marijuana recommendation from Fry's office
without a thorough medical exam.

Fry's DEA certificate of registration was revoked, which means, Fry
cannot legally write prescriptions for narcotics.

A federal indictment filed June 15, 2005 with the U.S. District Court
for the Eastern District of California, contends that beginning on or
about Aug. 1, 1999 through Sept. 28, 2001 the couple "knowingly and
intentionally conspired with each other," and others to "distribute marijuana."

Effective Nov. 1, 1996 voters in California approved Prop. 215, known
as the Compassionate Use Act of 1996. It provides that persons may
possess marijuana "upon the written or oral recommendation or
approval of a physician."

There is no state regulation or standard of the cultivation and/or
distribution medical marijuana. The establishment of any guidelines
is left to local jurisdictions, which can vary widely.

Fry and Schafer were both found guilty of all charge and now face a
minimum of five years in prison. There is a possibility the couple's
attorney's will appeal the decision.
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