A federal judge won't allow a member of the Northern Cheyenne Tribe to use his medical marijuana card that was issued by the state of Montana.

Lemuel Thomas “Butch” Small, 63, is awaiting a trial on firearms charges. Judge Richard Cebull ordered Small to give up his marijuana card as a condition of his pre-trial release.

Possession of marijuana “is a crime under federal and Northern Cheyenne law,” Cebull said, The Billings Gazette reported.

Small has a prior conviction on marijuana charges. He also recently pleaded to drug charges in tribal court.

Small and his wife, Christina Pilkington Small, 62, are charged with being felons in possession of firearms for allegedly having four guns and ammunition. Christina Small has a prior marijuana conviction.

The Montana Medical Marijuana Program allows certain patients with specific medical conditions to alleviate their symptoms through the limited use of marijuana under medical supervision. Marijuana, however, remains illegal under federal law in Indian Country.

Get the Story:
No medical pot for drug dealer awaiting firearms trial (The Billings Gazette 12/2)

Related Stories:
Montana tribe announces policy on state medical marijuana (5/13)