Marijuana crime: Danny Vargas appealed his violation of probation for smoking medical marijuana, saying a doctor had given him permission to use it. Pictured: A grow light shines through the leaves of a cannabis plant at Northern Lights grow facility in Denver, Colorado on March 27, 2014. (Seth McConnell, The Denver Post)

Court says man violated probation by smoking medical marijuana

Published: • Updated:

By The Associated Press

BOSTON — The state’s highest court says a medical marijuana permit did not get a man off the hook for violating terms of his probation.

The Supreme Judicial Court ruled Wednesday in the case of Danny Vargas, who was given three years of probation for a 2012 Haverhill armed robbery. He admitted using some of the stolen money to buy pot.

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Vargas was prohibited from using marijuana during his probationary period. But he later tested positive for it and was sentenced to two years in jail.

He appealed, saying a doctor had given him permission to use medical marijuana.

In a unanimous decision, the court upheld the sentence, writing that Vargas agreed to the probationary terms before enrolling in the state program.

Vargas’ lawyer said his client has a debilitating medical condition.