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No medical pot for man awaiting firearms trial

Billings, Montana (AP) December 2010

A judge has denied a convicted marijuana dealer's request to use pot for medical purposes pending the man's trial on firearms violations.

U.S. District Judge Richard Cebull ruled last week that 63-year-old Lemuel "Butch" Small of Busby would be violating the conditions of his pretrial release if he were allowed to use medical marijuana. Defendants on pretrial release must follow several conditions, including that they do not commit a federal, state or local crime.

Cebull says possessing marijuana "is a crime under federal and Northern Cheyenne law." Small is a member of the tribe and lives on the reservation.

He and his wife, 62-year-old Christina Small, have denied charges of being felons in possession of firearms for allegedly having guns and ammunition in Busby in May. The couple were convicted of distributing marijuana and were sentenced in 2003. The Billings Gazette reports that Lemuel Small completed an 18-month sentence and supervised release in 2007.




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