Nelson appealed, and on Wednesday, the state Supreme Court agreed, finding that the trial judge had overstepped her authority. “The District Court unlawfully denied Nelson the right and privilege to use a lawful medical treatment for relief from a debilitating condition under the Montana Medical Marijuana Act,” Justice Patricia Cotter wrote in the majority opinion. The court also found that “when a qualifying patient uses medical marijuana in accordance with the (Medical Marijuana Act), he is receiving lawful medical treatment. In this context, medical marijuana is most properly viewed as a prescription drug.” The court also rejected the state’s argument that limiting probationers to prescribed medications was appropriate. “The District Court ignored the clear intent of the voters of Montana, that a qualifying patient with a valid registry identification card be lawfully entitled to grow and consume marijuana in legal amounts,” Cotter wrote. “This is a very big and important victory, both for patients and Montana voters,” Tom Daubert, founder and director of Patients and Families United, a support group for patients who use medical marijuana, told the Great Falls Tribune after the decision. “Montana voters clearly decided that Marinol is not the equivalent of medical marijuana,” Daubert said. “The court recognizes in its decision that the so-called pill form of marijuana is not marijuana. It’s really a common-sense interpretation of our law.”