ALBUQUERQUE, N.M. - A New Mexico man serving a house arrest sentence for drunken driving is suing to be allowed to use medical marijuana. KOAT-TV reports attorney Jacob Candelaria recently filed a lawsuit in state district court on behalf of Joe Montano, who said authorities recently seized his medical cannabis. 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. Metropolitan Detention Center Chief of Corrections Ralph Fernadez says medical marijuana use is prohibited in the detention center and by those in house arrest.

Copyright 2020 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.