San Francisco -- Robert Schmidt, a medical marijuana dispensary operator, cultivator, patient, and researcher was sentenced today by Judge Stephen Breyer to 41 months in federal prison, and 3 years supervised probabtion. Mr Schmidt's dispensary in Sonoma County, named Genesis 1:29, was shut down by federal agents in a raid in September 2002.
Today's sentencing was the first since the US Supreme Court decision on Gonzales vs Raich, in which the court decided that state-legal patients and caregivers could still be prosecuted under federal law.
Mr Schmidt pled guilty to charges of cultivation and possession of 265 kilograms of marijuana more than two years ago, but Judge Breyer postponed the sentencing until after the Raich ruling.
In today's ruling, Judge Breyer invoked the Booker ruling from earlier this year, which gave judges more latitude in determining prison terms over the federal guidelines. He departed 2 points in the sentence, and then further dropped the sentence by 10 months because Robert Schmidt would be ineligible for a prison drug treatment program because there was no evidence he had a drug problem in at least the 12 months prior to sentencing. Robert Schmidt has already served 7 months of his sentence, and will commence the reminder of his sentence in a minimum-security prison on September 1.