PUEBLO, Colo. -- The attorney for a Beulah man sentenced to 18 months of court-supervised probation called his sentencing “cause for joy and sorrow.”

Karl Tameler said his client, Tom Sexton, has reason for sorrow because Judge David Crockenberg did not grant Sexton’s motion for acquittal.

However, Sexton will still be able to use medical marijuana to treat his own pain despite the fact his probation prohibits the use of alcohol or drugs.

In February, a jury found Sexton innocent of cultivating marijuana but guilty of possessing it.

During Wednesday’s sentencing, several of Sexton's family members, friends and patients testified before the judge, asking for leniency.

Tameler argued that under HB1284, the medical marijuana bill set to be signed by Gov. Bill Ritter, Sexton's offense would be treated as a misdemeanor instead of a felony.

Tameler did call the sentence fair. He thanked the judge for allowing Sexton to continue to use medical marijuana himself while on probation.

Tameler said he and Sexton are not sure whether they will appeal.

“We'll take a look at the facts. We'll take a look at the evidence and the law, and we'll move forward,” Tameler said.

Tameler added that under the new medical marijuana legislation, Sexton would no longer be able to be a dispensary owner.

“That statute does prohibit somebody with any marijuana conviction in a lifetime from having a dispensary,” Tameler said.

The judge ordered the return of Sexton's items that were confiscated except for the more than 100 marijuana plants. Tameler said the plants are now useless.

Sexton has a civil lawsuit pending regarding compensation for those plants.