An Arizona prosecutor has asked the state Supreme Court not to hear a controversial case that is roiling Arizona’s medical marijuana industry.

The case was appealed after a lower court ruled against a medical marijuana patient who was sent to prison for possession of a small amount of cannabis oil.

Rodney Jones had a medical marijuana card and had obtained the oil from a dispensary. But prosecutors in Yavapai County, where Jones was arrested, argue cannabis oil is not protected by the Arizona Medical Marijuana Act. 

In a surprise move, Arizona Attorney General Mark Brnovich recently decided not to defend the case and said law enforcement would benefit from the Arizona Supreme Court deciding the issue. 

MORE: Coverage Of The Fight Over Cannabis Extracts

But Yavapai County Attorney Sheila Polk — who now represents the state of Arizona instead of Brnovich — has asked the court not to accept the petition for review, according to recent court filings.

If the court did that, the lower court's ruling would remain in place. That decision found cannabis oil was not legal and upheld the conviction of Jones. 

On Tuesday, the state supreme court is expected to offer more details about the future of the case.