Lamar Odom may be charged for use of a controlled substance.
The basketball star - who was found unconscious after a four-day drink and drug binge - reportedly had a blood test when he reached hospital in Las Vegas and now the District Attorney is considering prosecuting for drug use.
In a statement, Nye County District Attorney Angela Bello said: "The Nye County Sheriff's Office has now asked the Nye County District Attorney's Office to review a request for prosecution against Lamar Odom for Use of, or Under the Influence of, a Controlled Substance.
"The D.A.'s office will take the time needed to appropriately review that request, along with all evidence that might support that request, in order to reach a just conclusion regarding whether to advance charges."
Meanwhile, the 36-year-old sportsman is said to be doing well and estranged wife Khloe Kardashian has revealed he no longer needs "any machines to keep him alive".
She said: "Lamar is actually doing great compared to where he was. It was not looking good from where we started. But at this moment he is not on any machines to keep him alive anymore. His kidneys are recovered and all of his organs are pretty much recovered. It's more his brain is still affected and physically he has to learn how to walk again and he is learning how to feed himself again.
"All those normal things we take for granted every day and it's a really long road and it's going to take a long time. People hear he's off machines and they're like, 'Oh great, he's going to be running out of there.' That's not the case but I'm so blessed on the progress of where he is and I know he'll get there, it's just going to take [time]."