PORTSMOUTH — A Maine man who ran out of gas early Saturday morning was found in possession of a half-pound of marijuana he claimed was legal in Maine, but is not in New Hampshire, said police Capt. Frank Warchol.

Charged with possession of drugs with intent to distribute was the driver, Jeremy Toner, 21, of 1 Sawyer Road, Wells, Maine, police said.

An officer came in contact with Toner on Nov. 26 at 1:47 a.m. when he was found in a vehicle off Market Street that was out of fuel, according to the public police log. Warchol said Toner gave permission for his vehicle to be searched and police found eight ounces of what is believed to be marijuana "individually packed as though it was for sale."

"It still has to be tested," Warchol said.

Toner told police he had a card from the state of Maine authorizing him to have medicinal marijuana as both a patient and a caregiver, according to Warchol. The police captain said officers early Saturday morning contacted the New Hampshire Department of Health and Human Services and determined Toner is not licensed for marijuana in New Hampshire, so he was arrested on the Class B felony charge.

"There is no reciprocity state-by-state," Warchol said. "So we're going to continue to enforce the laws of New Hampshire."

After Toner's arrest, Warchol said, he was released on $5,000 personal recognizance bail. He is scheduled to be arraigned Jan. 30 in the Portsmouth Circuit Court.