Ben Cousins' lawyer is set to argue a drug possession charge against the former West Coast Eagle should be dropped.
Cousins' lawyer Michael Tudori told Fremantle Magistrate's Court this morning that all officers had located was an "empty clipseal bag".
Cousins was not required to attend court this morning for the drug possession charge.
Cousins was charged with possessing a prohibited drug after testing on a clipseal bag allegedly found by police when they stopped the father of two in Bicton and searched his car in October.
Outside court, Mr Tudori said he would be making a submission that the charge should be withdrawn.
"What they located was an empty clipseal bag, the question is knowledge," he said.
Mr Tudori said how his client may plead to the charge would depend on the submission and the response to it.
When asked how Cousins was doing, Mr Tudori replied: "he's going well".
Cousins is not required to attend when the matter returns to court later this month.