PRESCOTT — An Arizona judge is allowing a woman to use medical marijuana while she's on probation even though it was prohibited under the plea agreement she accepted.

Judge Cele Hancock of Yavapai County Superior Court made that decision when she granted a motion on behalf of 43-year-old Jennifer Lee Ferrell, The Daily Courier reports.

Ferrell awaits sentencing on charges that include DUI, resisting arrest and attempted aggravated assault on a police officer.

Her lawyer's motion said prosecutors cannot prohibit use of medical marijuana as a condition of probation because state law allows medical marijuana use.

The County Attorney's Office said defendants don't get to pick and choose probation conditions and that it will appeal the judge's ruling.

Senior Editor, News, Arizona Daily Star, Tucson, Az.