BAY COUNTY JUDGE SAYS HOUGHTON LAKE CANCER PATIENT CAN USE MEDICAL MARIJUANA

BAY CITY -- A 60-year-old Houghton Lake man will be allowed to use
medical marijuana while a criminal case is pending against him in Bay
County, a Circuit Court judge has ruled.

Mark J. Gebhardt, who has lost a kidney to cancer and continues to
suffer from the disease, was charged with delivery or manufacture of a
controlled substance after state police discovered marijuana in his
vehicle during a routine traffic stop in October.

As a condition of his release as his case is pending, Gebhardt was
ordered not to use marijuana.

"This man is presumed innocent and was denied his medicine for
months," said Gebhardt's attorney, Edward M. Czuprynski.

Because Gebhardt has only one kidney, his physician has advised him
not to use narcotics, Czuprynski said.

Only the medical marijuana helps him cope with the pain of his
cancer," he said.

Today, Circuit Judge Joseph K. Sheeran granted Czuprynski's motion to
modify the terms of Gebhardt's release to allow marijuana use for
medical purposes.

"He ruled that it is permissible while Gebhardt is awaiting his
disposition," said Czuprynski.

Sheeran is one of many judges throughout the state who regularly
prohibit medical marijuana use as a condition of probation or
pre-trial release. The judge has said that using marijuana is still a
violation of federal law.

"This is a total victory," said Czuprynski. "I thought (Sheeran) was
going to stand firm but he showed more flexibility."

Sheeran could not comment.