Brownie Mary and Her Contributions to Medical Cannabis 

Mary started baking her brownies, and Peron was selling them at his Big Top pot supermarket on Castro Street – and thus Brownie Mary was born. The majority of Mary’s customers were gay men, especially after HIV/AIDS began to spread more rampantly in the 1980s. Noticing this, Mary started providing her brownies to sick people, whom she referred to as her “kids”, totally free of charge. Her $650 monthly social security check, along with donations from the community, helped her purchase baking supplies.  

“I know from smoking pot for over 30 years that this is a medicine that works,” Brownie Mary stated. “It works for the wasting syndrome; these kids have no appetite; but when they eat a brownie, they get out of bed and make themselves some food. And for chemotherapy, they eat half a brownie before a session, and when they get out, they eat the other half. It eases the pain. That’s what I’m here to do.” 

Around 1984, Brownie Mary started volunteering every week in the AIDS ward (Ward 86) at San Francisco General Hospital. She often helped by wheeling patients to and from the radiology department and taking their specimens to the lab. In 1986, she was named “Volunteer of the Year” by the hospital ward. TV reporter and author, Carol Pogash, also profiled Mary her 1992 book titled: As Real as it Gets: The Life of a Hospital at the Center of the AIDS Epidemic.  

Multiple arrests  

By the early 1980s, Mary was baking about 600 brownies per day. She advertised them in on local bulletin boards around San Francisco, calling them her “original recipe brownies” that were “magically delicious”. Eventually, an undercover officer caught on to what she was doing and a raid was conducted on her home on January 14, 1981. 

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Police found over 18 pounds of cannabis flower, 650 brownies, and some other drugs and paraphernalia. She was 57-years-old at the time of this arrest, and this is the time that the media started referring to her openly as Brownie Mary. In this case, she ended up pleading guilty to nine counts of possession and served three years’ probation as well as 500 hours of community service.  

A little over a year later, on December 7, 1982, Mary was walking down Market Street to deliver a batch of brownies to a friend who had cancer, when she happened to run into one of the officers involved in her arrest.  He searched her bag and found about four dozen brownies. She was arrested and charged with probation violation and multiple counts of possession, but the district attorney dropped the charges against her.  

Fast forward a decade to July 19, 1992, and that’s when Brownie Mary was arrested for her third time. She was held up during the middle of the baking process, while pouring cannabis into brownie batter at the home of a local grower. She was charged with felony possession again, 2.5 pounds this time, and released on bail. The district attorney tried to prosecute her, but she plead not guilty and was eventually acquitted of these charges too.  

Her legal team argued the defense of “medical necessity”, claiming that Mary was “able to testify that her deliveries were made to assist others in need, not to advance individual greed, that the nobility of her actions outweighed the reprehensibility of her offense according to the law.” 

In one of her most famous moments at a San Francisco rally in 1992, Rathbun reportedly cried out: “If the narcs think I’m gonna stop baking brownies for my kids with AIDS, they can go f*** themselves in Macy’s window”. This about a month after her third arrest, and she continued to bake about 600 brownies every day throughout the height of the HIV/AIDS crisis.  

Prop 215  

In the early 90s, Mary helped her friend Dennis Peron open the first medical cannabis dispensary in the United States, known as the San Francisco Cannabis Buyers Club. The Buyers Club operated from 1992 to 1998 and had over 8,000 members at one point. During that time, Peron and a group of cannabis activists drafted Proposition 215, also known as the Compassionate Use Act.  

Prop 215 passed in 1996 with more than 55 percent of the vote, making California the first state to permit the medicinal use of cannabis. Less than two years later, Washington, Oregon, Alaska, and Nevada passed their own medical cannabis initiatives. Today, 37 states have medical cannabis, and 21 of those have passed recreational use laws as well.  

“It wasn’t the hippies per se, it wasn’t the standard establishment marijuana movement players, but it was the gay people who legalized pot in California because of the AIDS epidemic,” says John Entwistle, Peron’s husband and co-author of Proposition 215. “That’s been forgotten to some extent.” And Brownie Mary was right there at the heart of it all, lovingly helping people in her community while at the same time, bringing media attention to the cause.