Lawyers representing convicted felon, Mussa John have applied to have him released on bail pending appeal.
The court is yet to set a date for the bail hearing and the appeal.
In the bail application, the lawyers claim the lower and upper courts did not consider John's plea of not guilty.
One of the lawyers handling the case Chikondi Chijozi, told local media, the court made errors citing other convicts in cases of Indian hemp possession have been given fines.
Chijozi explained they find it an: "unstable conviction."
The lawyer also faulted the courts for handing a custodial sentence to a 19-year-old convict who is also a first offender.
Chijozi said: "We feel that the court was very harsh."
She said the courts could have considered Section 183 of the Childcare, Protection and Justice Act by giving him a noncustodial sentence.
John has already served about five months of his jail bid.