A NAILSWORTH woman and a man from Wotton-under-Edge are challenging whether the amphetamine drug they are accused of intending to supply is illegal.
Amie Jones, aged 20, of Middle Tynings, Nailsworth and Shannon Wilkins, aged 24, of Bearland, Wotton, are charged with possession of a cathinone derivative with intent to supply.
Cathinones are drugs related to mephedrone and ecstasy.
But Joe Maloney, defending, told Gloucester Crown Court that he had checked the legal statutes of illegal class B drugs and could not find any reference to the cathinone derivative in the case.
"The statute simply does not say that this substance is included in the Act," he said.
"I accept that many of these derivatives have been prohibited but in the statutory instrument and the schedule these substances are not there.
"It is an issue which needs to be clarified."
Judge William Hart agreed to adjourn the case until January 17 to give the prosecution time to check.
Bailing the defendants until then, he said: "There are some matters which need to be looked into in more detail."