At a hearing held Monday, prosecutors reportedly said they have additional evidence to be submitted in the case. A preliminary hearing has been set for March 21.
E! News has reached out to McGowan's attorney for comment.
On Tuesday, Rose McGowan sought to dismiss her 2017 felony drug possession case in Virginia due to "lack of jurisdiction," E! News can confirm.
The actress is set to have a preliminary hearing on March 12 in Leesburg, VA., after authorities allegedly found cocaine in her wallet, which she accidentally left on a United flight at Dulles International Airport on Jan. 20, 2017 while on her way to the Women's March in Washington D.C.
According to court docs obtained by E! News, her attorney Jessica Carmichael is seeking that the case be dismissed in part due to the fact that five hours lapsed between when the wallet was lost and when it was found on board by the plane's cleaning crew, alleging that the star is a victim of "the Harvey Weinstein machine."
The papers continue, "It is now public knowledge that Weinstein employed underhanded tactics to 'silence' his victims."
Carmichael also wrote, "There is simply no point in time at which the evidence places Ms. McGowan and the cocaine together in the same place."
The attorney argues that the case should be tossed because many people came and went on the aircraft during the 5-hour span that the actress did not have her wallet and due to "the underhanded targeting of Ms. McGowan" by Weinstein, whom the former Charmed actress has publicly accused of rape—an allegation that Weinstein has denied.
According to the docs, "McGowan has maintained her innocence" at all times on the felony charge.