Frequently Asked Questions: Robert G. Schmidt & Genesis 1:29
Yet another victim of the Federal program to over-ride democracy


Isn’t medical marijuana legal in California?
Yes. On November 6, 1996, the voters passed the California Compassionate Use Act (Proposition 215). In January 1997, Judge Garcia of San Francisco ruled that cannabis dispensaries could operate under the guidelines of Prop. 215 as long as they followed specific required procedures. July 18, 2002, the California Supreme Court ruled, "The possession and cultivation of marijuana is no more criminal -- so long as [the law's] conditions are satisfied -- than the possession and acquisition of any prescription drug with a physician's prescription.”
How can Robert Schmidt be prosecuted in a state where medical marijuana is legal?
Robert Schmit Faces Federal Charges, not State Charges. The U.S. Supreme Court has ruled that state laws legalizing medical marijuana do not provide a defense to federal drug charges.

Who is Robert Schmidt?
Medical Marijuana Patient. Robert G. Schmidt is a medical marijuana patient. He obtained a recommendation to use cannabis for wasting syndrome, post-traumatic stress disorder and sleep disorders.
Medical Marijuana Developer: Schmidt had a goal of developing standardized plant strains with known cannabinoid contents so he could study their impacts on patients with various conditions. “By getting feedback from patients we realized that certain strains seemed better for treating certain conditions. Some were best for appetite. Some for painkiller. Some for sleep disorders,” said Schmidt.
Caregiver Tries to go Legit: In addition to following state guidelines, Schmidt attempted to register with the DEA, filing registration form 225, “an application to manufacture and distribute scheduled drugs,” says Schmidt. “I filed an application, and the DEA issued me a receipt.”
Not-For Profit. By September, 2002, Genesis had approximately 1,200 patients, all of which had had their recommendations verified by physicians. Schmidt provided medical marijuana for up to half the price of what other dispensaries around the state charged, saying the price was, “lower than any club I knew of…”
When did the Feds go after Genesis 1:29?
Early 1997. As soon as Genesis 1:29 was formed, the Sonoma County Sheriff and Petaluma City Police visited his operation. Finding Robert and Genesis 1:29 in full compliance with the law, they left him in peace.
September, 2002. In a pre-dawn raid, Schmidt was awakened by a rifle pointed in his face. He attempted to wrestle the rifle away, saying that, “My post-traumatic stress disorder is triggered by having guns pointed at me. Especially when I’m woke up with one in my face.” At the same time, another Federal task force was raiding the dispensary located in Petaluma.


What’s happening in the Robert Schmidt case?
Robert is serving a 41 month sentence in federal prison. Robert Schmidt was charged with growing over 1,000 plants, which carries a possible life sentence and assault on an officer.
Attorney Allison Margolin is working on an appeal. A few thousand dollars would go a long way to help not only Robert, but the entire medical cannabis community. Please send legal fee contributions directly to:

Law Office of Allison Margolin

What can I do to help?
Educate Potential Jurors about their Right to Acquit. The United States Court of Appeals for the District of Maryland ruled, "If the jury feels that the law under which the defendant is accused is unjust, or the exigent circumstance justified the actions of the accused, or for any reason which appeals to their logic of passion, the jury has the power to acquit, and the courts must abide by that decision" (US vs. Maryland, 417 F 2d 1002).

One Person Can Make a Difference. One juror armed with the knowledge of her/his real rights, powers, and duties, can with a single vote of not guilty "hang" a jury. Although it won't be an acquittal, at least the defendant will not be convicted.

Know your Rights. All potential jurors must know these rights because, once selected for jury duty, nobody will inform them of their power to judge both law and fact. The judge's instructions to the jury may be to the contrary.
How can we protect medical marijuana caregivers like Robert Schmidt from criminal prosecutions in the future?

Pass HR 2592. In the wake of the Supreme Court decision that federal drug laws preempt state reforms, Congress must act. Congress should pass the States’ Rights to Medical Marijuana Act, H.R. 2592, that would assure the eight states (Alaska, California, Colorado, Hawaii, Maine, Nevada, Oregon, and Washington) and the District of Columbia where medical marijuana is legal that their citizens who follow their laws will not be subject to federal prosecutions.

Make the States Accountable to Voters. States like California that passed medical marijuana referendums must be accountable for implementing the voters’ will. By creating clear state guidelines on how patients will be supplied their medicine, states can help protect their citizens from federal harassment by showing active engagement in defending patients’ rights.

Please send legal fee contributions directly to:

Law Office of Allison Margolin