ALBUQUERQUE, N.M. (AP) — A New Mexico man serving a house arrest sentence for drunken driving is suing to be allowed to use medical marijuana.
Attorney and Democratic state Sen. Jacob Candelaria recently filed a lawsuit in state district court on behalf of Joe Montano, who said authorities recently seized his medical cannabis, KOAT-TV reports.
According to court documents, correctional officers searched Montano’s home while he was on house arrest, found the marijuana, and put him in jail for a month as punishment.
The petition is seeking a judge to order the jail to allow him to possess and use his medical marijuana.
State lawmakers passed a measure last year to allow people on house arrest to use medical marijuana.
In a statement, Metropolitan Detention Center Chief of Corrections Ralph Fernadez said Community Custody Program inmates are considered in jail custody, and medical marijuana use is prohibited in the detention center.