An attorney for George Zimmerman, the neighborhood watch leader charged with fatally shooting 17-year-old Trayvon Martin, is pressing a Florida judge to allow autopsy blood results be presented to jurors because they show the teenager tested positive for marijuana use.

Defense attorney Don West argued in his written response filed Tuesday that the marijuana use is relevant because Zimmerman told a police dispatcher shortly before shooting Trayvon that he believed the Miami Gardens teenager was suspicious and may have been on drugs.

The Orlando Sentinel points out West’s response comes two weeks after prosecutors filed paperwork asking Circuit Judge Debra S. Nelson to ban defense attorneys and witnesses from telling jurors the autopsy results found marijuana in Martin’s blood.

Judge Nelson will likely rule on the issue during a day-long hearing May 28 in Sanford, the Orlando Sentinel reports.