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.