Dareus' attorney, George R. Giddens, said it could take at least six months before his client receives a response from the state.
The pre-trial intervention program, which Giddens said is common in cases of marijuana and cocaine possession, includes drug counseling and could eventually result in Dareus' case being dismissed.
Dareus was arrested in Cleburne County after he was stopped for speeding on May 5. He faces felony charges of possession of a controlled substance and possession of drug paraphernalia.
WVUA-TV reported following the arrest that Dareus was in possession of synthetic marijuana. Giddens and a representative for the Cleburne County Court said Tuesday that prosecutors are awaiting the results of a toxicology test on the substance.
If Dareus is denied entry into the pre-trial program, his case could eventually proceed to trial. Since Dareus does not have a criminal history, Giddens believes his client would avoid jail time.
Meanwhile, Dareus is set to appear in a Hamburg, New York, court next week on three misdemeanor charges stemming from an alleged street race last month. The May 30 incident ended in Dareus' white Jaguar crashing into a tree in a restaurant parking lot.
Bills defensive end Jerry Hughes confirmed last week that he was driving a black Camaro that police say was racing with Dareus.
Representatives for Hughes met Thursday with Hamburg police and the Erie County district attorney's office, but no determination has been made on whether Hughes will be also be charged.
Dareus remains out of Bills' organized team activities in what coach Doug Marrone called a mutual decision between himself and the Pro Bowl defensive tackle.
"Marcell has made some poor decisions lately, and the one thing is that I've been working with him, and he's dealing with a lot of personal issues too," Marrone said.