The Michigan Supreme Court will not listen to the appeal of an Alpena man who wanted to use the state’s medical marijuana law as a defense to his case.

Robert Richard Ferguson, Jr., 57, is charged with manufacture of marijuana and maintaining a drug house.

He was busted for allegedly growing pot plants inside the family home on State Street.

Ferguson wanted to use an affirmative defense at trial.  Basically, the local court will not allow him to argue he was growing marijuana for medical purposes because he did not have a doctor prescribe him marijuana until after his arrest.

The Supreme Court Tuesday, said it was not persuaded it should review the case.  That means it will be remanded back to the 26th Circuit Court of Alpena for trial.

The case stems from an August 2009 investigation by the Huron Undercover Narcotics Team (HUNT).  It is alleged the team found more than 20 plants growing inside the Ferguson home.

Charges against Ferguson’s then 92 year-old father, former Circuit Court Judge Robert Ferguson Sr. were eventually dismissed.