TRENTON, N.J. (CBSNewYork/AP) — A New Jersey man with multiple sclerosis is appealing his conviction for growing 17 marijuana plants.

John Wilson, of Franklin Township in Somerset County, said he used the drug to treat his condition. However, he says he wasn’t allowed to tell that to the jury in his 2009 trial.

An appeals court ruled last month that a judge was right to bar the testimony and upheld his five-year sentence.

A marijuana advocacy group announced on Tuesday that Wilson has asked the state Supreme Court to consider the case.

Since Wilson’s conviction, New Jersey has passed a law to allow medical marijuana.

The program is still being set up and marijuana is not yet being distributed legally to patients.

(TM and Copyright 2011 CBS Radio Inc. and its relevant subsidiaries. CBS RADIO and EYE Logo TM and Copyright 2011 CBS Broadcasting Inc. Used under license. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.)

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