FARGO -- A case involving a North Dakota couple who say they should not be prosecuted for medical marijuana is likely headed to the state Supreme Court.

Brian Kuruc and his wife, Rebecca Larson, of Dickinson, were apprehended at a Casselton motel in January and charged with possession of marijuana with intent to deliver. They have pleaded not guilty.

Judge Wickham Corwin ruled earlier this month that should the case go to trial, the jury would not be instructed that a pot prescription from Washington state is a valid defense to possession with intent to deliver or simple possession.

Defense attorneys Mark Friese and Charles Sheeley say their clients plan next week to enter conditional guilty pleas, after which they should file an appeal to the Supreme Court over rulings by Corwin.