AUBURN — A Lewiston man who was arrested June 26 and charged with beating a man with a two-by-four in a dispute over medical marijuana has been released from the Androscoggin County Jail.

Derek Daniel Fox, 41, of 156 Hogan Road was charged with elevated aggravated assault in the attack that sent the victim to a Lewiston hospital. He had been held on $500 unsecured bond since his arrest because he could not afford the bail.

In Androscoggin County Superior Court on Friday, his attorney, Jason Dionne of Isaacson Raymond, asked Active-Retired Justice Carl O. Bradford to release Fox on personal recognizance. Dionne pointed out that at the time Fox was arrested he was legally growing medical marijuana under a state license and has a valid prescription for marijuana. Dionne also argued that Fox maintains his actions were in self-defense.

Bradford granted Dionne’s request, and Fox was ordered released on personal recognizance and ordered to sign a release and supervision contract with Maine Pre-Trial Services.

According to Lewiston police, early on the evening of June 26, Fox was at the Vine Street home of his former partner, with whom he had been growing marijuana plants. Both men are medical marijuana caregivers, police said.

At about 8 p.m., the victim decided he wanted to smoke some of the pot and took a bud from Fox’s plant, police said. Fox took exception, produced a board and struck the victim with it at least once.

Police were called to the home and arrested Fox and took him to the county jail.

The victim, who was not identified, was treated at a Lewiston hospital and later released, police said.

Fox has a criminal history of disorderly conduct and sale or use of drug paraphernalia.

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