Kodak Black’s legal team wants the South Florida rapper’s drug charge to be dropped.

In December, Yak was arrested on cocaine possession and evidence tampering charges after police discovered the rapper with white powder around his mouth. He was booked into jail on December 7.

In a sworn motion filed Monday (January 22) in Broward County, defense lawyer Brad Cohen says the embattled Pompano Beach rapper, whose legal name is Bill Kapri, had a legal prescription at the time of his arrest so his charges should be stricken.

“This is an abuse of discretion to file a charge on an individual that has provided a valid prescription for the very item that as found,” Cohen said in a statement. “All this after the officer misrepresented and said it was cocaine. Clearly it was not cocaine, nothing has happened to the officer who misrepresented the item, and my client was taken into custody due to his misrepresentation.”

Cohen added, “The fact that this case has not been dismissed by the Broward State Attorney’s Office shows that bias against Mr. Kapri. Anyone else would have had their case dismissed or they wouldn’t have filed.”

He’s asking for the court to dismiss the case against Kodak. A judge has yet to rule.