Lansing— Michigan Court of Appeals judges ruled a Montmorency County man with a physician-approved medical marijuana ID can be prosecuted for growing pot because he obtained the card after marijuana plants were discovered on his property. Lansing— Michigan Court of Appeals judges ruled a Montmorency County man with a physician-approved medical marijuana ID can be prosecuted for growing pot because he obtained the card after marijuana plants were discovered on his property.

The judges on Monday upheld the manufacture of marijuana charge — a four-year felony — against Brian Bebout Reed. Pot plants were discovered on Reed's property before he had a medical marijuana card, but he wasn't arrested until he obtained the identification.

"The statue ties the prior issuance and possession of a registry identification card to the medical use of marijuana," judges Patrick Meter, Donald Owens and Peter O'Connell said in the ruling. "Defendant did not have the card at the applicable time and therefore is not immune from arrest, prosecution or penalty."

The court reaffirmed that anyone looking to grow or use medical marijuana must obtain certification beginning to grow or use the drug. It is the second major medical marijuana ruling this month. Last week, the court of appeals banned marijuana sales at dispensaries.

According to court documents, Reed suffers chronic back pain from a degenerative disc disease and underwent surgery for the condition more than 10 years ago. He started looking to get a medical marijuana card after the passage of the Michigan Medical Marijuana Act.

He went to a clinic in Montmorency County in the northern Lower Peninsula, but doctors said they wouldn't issue certifications because they receive federal funding.

Growing and possessing marijuana is against federal law, even if someone has a state-issued medical marijuana certification.

Reed looked for other places for certification, the appeals court said, "but he had not formally consulted with another doctor before his marijuana was discovered."

On Aug. 25, 2009, authorities spotted six marijuana plants on Reed's property while conducting aerial surveillance. On Sept. 16 of that year, he obtained a doctor's certification to use marijuana.