Nelson was arrested in November after a Border Patrol agent said 6 ounces of marijuana were found on Nelson's tour bus. Judge Becky Dean-Walker said that she rejected prosecutor Kit Bramblett's suggestion that Nelson resolve the case by pleading guilty and paying a $500 fine for possession of drug paraphernalia.

Dean-Walker claims the prosecutor "doesn't do that for anybody else." The judge says Nelson should be charged with the misdemeanor marijuana possession, which carries up to a year in jail. Bramblett didn't return a call Wednesday. Nelson's publicist declined comment.