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Federal prosecutors will not file charges against Donna Weinholtz, wife of Democratic gubernatorial nominee Mike Weinholtz, for using medical marijuana to alleviate arthritis pain.

A spokeswoman for the U.S. attorney's office in Utah confirmed that it had declined to prosecute the matter.

"The case is no longer in our office," spokeswoman Melodie Rydalch said. "We will not be pursuing federal charges. It has been referred to a county attorney for review."

The case initially went to Salt Lake County District Attorney Sim Gill's office, but the Democratic D.A. recused himself in April.

"That is something we've conflicted out to Tooele County because of my association," Gill said. "I know Donna, and I know Mike because of Democratic politics and just because I know them."

Gill walled himself off from handling the case. His chief deputy, Blake Nakamura, decided it should be sent to another jurisdiction. Calls to the Tooele County attorney's office were not returned.

In a statement, the Weinholtz campaign said: "The case is still under investigation therefore we're not able to comment."

At the Utah Democratic Convention in April, Weinholtz surprised attendees by announcing that his wife was under investigation for her marijuana use.

Donna Weinholtz had used medical marijuana to alleviate neck, back and knee pain from arthritis, but has not used the drug since April.

At attempt to legalize medical marijuana fell short in the past legislative session.

Weinholtz has said he would support legalizing medical marijuana if he is governor. His opponent, Republican Gov. Gary Herbert, said he would like to see the federal government allow research into the drug before the state takes any action.

Twitter: @RobertGehrke