Despite a recent defeat in Marion County Court, advocates for the First Church of Cannabis are taking a second bite at the apple over legal marijuana, in part because of President Donald Trump.

In a motion filed yesterday, attorney Mark Small argued the marijuana is legal in Indiana under the federal “Right to Try” Act.

Last month, the court held the state had a compelling interest to keep marijuana illegal.

In his Motion to Correct, Small told the court that under the federal Right to Try law, an individual diagnosed with a life-threatening disease who has exhausted all FDA treatment options and is unable to participate in clinical trial remedies and can provide written consent from a physician can use drugs that have passed Phase I clinical trials.

Small says marijuana has been used in Phase I trials to help veterans afflicted with post-traumatic stress disorder and is now in Phase II.

Small is asking the Court to alter its previous ruling that in Indiana, marijuana should remain illegal, without exception.

A copy of the complaint can be found here.