An MDC spokeswoman said the facility will comply with the order.
Joe Montaño, 49, pleaded guilty to one count of aggravated DWI and in October 2019 was sentenced to serve 90 days in MDC’s Community Custody Program, which allows people to serve their sentence on house arrest instead of in jail, followed by 12 months of supervised probation. Montaño has had a valid medical marijuana card since 2015, court documents show.
In November 2019, CCP officers found marijuana in Montano’s possession and forced him to serve the rest of his 90-day CCP sentence in MDC custody, according to court documents. He was released in January 2020.
Albuquerque inmates’ right to medical marijuana affirmed
January 1, 2021 GMT
ALBUQUERQUE, N.M. (AP) A state district judge in Albuquerque has ruled this week that the Bernalillo County Metropolitan Detention Center should not penalize medical marijuana patients under its custody or supervision for using the drug.
District Court Judge Lucy Solimon said the order, issued Tuesday, applies specifically to the Metropolitan Detention Center southwest of Albuquerque. Facility spokeswoman Julia Rivera told the Albuquerque Journal that the jail will “follow the law.”
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The decision stems from a drunken driving case where Albuquerque resident Joe Montaño, 49, who was convicted and sentenced to 90 days of house arrest in October 2019, was thrown in jail in November 2019 for having medical marijuana as a licensed patient. He was released in January 2020.