A Salem doctor was sentenced Tuesday to 120 days in the Utah County Jail for trading prescription medication for sex.

Max Cannon pleaded guilty in October to two counts of distributing a controlled substance, a third-degree felony, and two counts of prostitution, a class B misdemeanor. Eight other charges were dismissed as part of a plea agreement. Cannon must report to the jail by Friday, and must also pay $1,025 in fines and fees.

Cannon's attorney, Earl Xaiz, asked Judge David Mortensen to forego jail time in the case, saying the crimes were committed while Cannon was suffering from a manic episode. Xaiz said Cannon was diagnosed with a manic disorder in 1994, but doctors thought it was an isolated incident caused by steroids for neck pain. He was not placed on medication because doctors believed Cannon would be cured once he was taken off the steroids. Cannon was not put on medication until recently, when he was evaluated again and diagnosed with bipolar disorder.

"If they had diagnosed it properly at the time, we wouldn't be here," he said.

Cannon was arrested in January 2008 after a patient told investigators the doctor had been trading medications for sex. He was taken into custody after a sting operation at a Provo motel, where a former patient met Cannon for an alleged transaction.

Cannon was evaluated by three doctors after he was arrested, including Leonard Schmidt, the doctor who diagnosed Cannon in 1994. The reports concluded that Cannon suffers from bipolar disorder, and a psychosexual evaluation showed that Cannon is not a sexual predator, Xaiz said.

Xaiz said neither he nor Cannon were excusing the behavior, but he hoped the court would be lenient with Cannon considering his condition.

"He is embarrassed and disgusted with his conduct," he said.

Judge Mortensen and prosecutor Alex Ludlow did not dispute the bipolar diagnosis, saying they believed it had an impact on the crimes. Ludlow said it was a Dr. Jekyll and Mr. Hyde situation, as letters from patients suggested Cannon was a very good doctor. However, Ludlow said Cannon and his wife were given a warning in 1994 about the condition and told to watch for warning signs of another episode.

"They had given him information of a cautionary nature," he said.

Ludlow said the warning signs became evident in 2006, when Cannon's wife and daughter both noticed behavior changes. Cannon's daughter even sent a letter to his parents about the changes. Ludlow said Cannon was asking not for a second chance, but the same chance he was given before.

"This individual has had this opportunity once before," he said.

Ludlow said he was also concerned about the nature of the crimes, which he said violated a position of trust with Cannon's patients. Even if the victims were willing participants and asked for the transaction, Ludlow said Cannon is responsible because of the position he held.

"He's the doctor," he said. "He's the one that knew better."

Xaiz, however, pointed out that the women involved were addicted to prescription medication and participating in the scenario in order to get the drugs. None of the women have been charged with a crime, although they may have a level of guilt as well.

"They've had to take no responsibility whatsoever for their conduct," he said.

Cannon also asked the judge for leniency, saying his family could lose their home if he is incarcerated. He now makes only $400 each week, as his medical license was taken away, and two of his children work to help pay the mortgage and utility bills. Cannon said he has great remorse for his crimes, and his wife and children have paid the price emotionally.

"I'm very sorry for everything that happened," he said. "My life was completely out of control. I now know why."

Mortensen, however, declined to keep Cannon out of jail, despite acknowledging the effect incarceration has on families. Although Cannon's psychological history may have played a role in the crimes, Mortensen said there was enough time between each incident for Cannon to reflect on his actions and change.

Given Cannon's background in the medical field, he should also have been more aware of the effect prescription medications can have on people who do not medically need them.

While Mortensen ordered Cannon to serve time in jail and three years of probation, he said he would not give a harsher sentence as he often does with drug distribution. The doctor has made mistakes, but he is not the typical defendant when it comes to distributing drugs.

"I believe the reports," he told Cannon. "I do not believe that you're predatory."

Xaiz said that although Cannon will be going to jail, it is not unexpected. The doctor wanted to take responsibility for his crimes and did not seek out a bipolar diagnosis for a defense. Cannon has lost his medical license and may never practice again, but Xaiz said he hopes that with the bipolar diagnosis and proper medication he will get a second chance.

"He was a dedicated, hard-working doctor," he said.