Cy Waits, 35, and the celebrity socialite were stopped by police in a black Cadillac Escalade after an officer reported a "vapor trail" of marijuana smoke wafting from the vehicle in August 2010.
Waits, a former nightclub mogul, also faces misdemeanor charges of marijuana possession and driving under the influence following his August arrest.
Hilton pleaded guilty in September to misdemeanor cocaine possession and obstruction charges. She's serving a year of probation.
Waits didn't appear Thursday in Las Vegas Justice Court.
His attorney, Richard Schonfeld, told a judge that he intends to challenge the constitutionality of Waits' felony charge of being under the influence of marijuana.
The Associated Press contributed to this report.
