A 56-year-old man was sentenced Tuesday in Mitchell to 45 days in jail for possession of more than 2 ounces but less than one-half pound of marijuana.
Lawrence Bahm was arrested for the drug charge in July 2011.
In addition to jail time, Judge Sean O'Brien suspended his two-year prison sentence and fined him $300.
Assistant Attorney General Katie Mallery recommended Bahm be given the suspended two year prison term.
Bahm's attorney, Donna Bucher, of Mitchell, said a medical condition led her client to use marijuana. She added that Bahm had not used the drug since his arrest.
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"He's a good guy who deserves a break," Bucher said.
As Bahm's most recent conviction is his fourth felony, O'Brien called the situation a "sad story."
"You deserve another stint in the penitentiary," O'Brien said. "You should thank your lucky stars that the planets are lined up properly or something like that."
