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US v. Schafer, No. 08-10167

By FindLaw Staff on November 09, 2010 | Last updated on March 21, 2019

Medical Marijuana Convictions Affirmed

In US v. Schafer, No. 08-10167, the court affirmed defendants' convictions and sentences arising from their operation of a medical marijuana growing operation and dispensary where 1) pursuant to Fed. R. Crim. P. 12, the district court could not resolve the parties' suppression issues before trial, and therefore it did not abuse its discretion when it denied defendants' request for an evidentiary hearing; 2) whether defendants were lulled into believing their marijuana operation was legal and done on the express authorization of agents who could bind the federal government necessitated a credibility determination that fell within the province of the jury; and 3) medical necessity was not a defense to manufacturing and distributing marijuana.


As the court wrote:  "Defendants-Appellants Dale Schafer and Marion Fry challenge federal convictions that arise from their operation of a medical marijuana growing operation and dispensary in the Sierra Nevada community of Cool, California. A jury found Appellants guilty of conspiring to manufacture and distribute at least 100 marijuana plants. The jury specifically convicted Schafer of manufacturing at least 100 marijuana plants and found Fry guilty of manufacturing fewer than 100 marijuana plants."

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