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ALBUQUERQUE — 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.

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