At a committal mention in Horsham Magistrate's Court on Wednesday Leslie McDonald, 65, of Burke's Flat, near St Arnaud, said he planned to take the case to trial in the County Court.

Police have charged McDonald with two counts of having cultivated a narcotic plant, cannabis, and one count of having used cannabis.

Police allege they found 13 plants, weighing 0.4 grams, and another 13 plants, weighing two grams, at one property and 17 plants, weighing 266.2 grams, at another property.

McDonald said using cannabis was part of Aboriginal people's `natural being'.

He said he would also argue about the number of plants found, and whether stalks in pot plants were considered as plants.

McDonald said he planned to argue the charges on the basis of constitutional jurisdiction.

"Victorian legislation does not include Aborigines," he said.

"I'm requiring a clarification of whether the constitution covers Aboriginal people."

"Aboriginal people are a nation within a nation."

McDonald said the Victorian constitution had let him down.

"The point I'd like to raise on behalf of my people is that the Victorian constitution fails to mention rightful possession of Aboriginal people," he said.

McDonald said he did not want the defence used to challenge cases for Aboriginal people who committed acts of assault.

He said he had been trying to get cannabis legalised since 1975.

Magistrate Peter Mealy told McDonald he probably didn't have `a leg to stand on' but he was better off using the defence at the County Court.

Mr Mealy said the constitution did not deal with jurisdiction over indigenous people, it included all people.

"Legislation does not apply to a specific person described by religion, origin, colour or any other matter," he said.

"You're entitled to raise it at some stage but it should take place in the County Court, not here."

Mr Mealy said the purpose of the committal mention was to determine how many witnesses would be required for the committal hearing.

Mr Mealy extended McDonald's bail to October 16 when a half-day committal hearing is scheduled at Horsham Magistrate's Court.