A Mililani Middle School teacher yesterday was granted a chance to have his marijuana-smoking case dropped after he decided not to challenge the petty misdemeanor charge and plead no contest.

Benjamin Ayson, 32, of Kane'ohe, who was free on $50 bail, pleaded no contest to a charge of third-degree promotion of a detrimental drug in Wahiawa District Court.

Ayson paid a $350 fine, a $30 court fee and was told to undergo a substance abuse evaluation.

If he stays out of trouble for six months, the case will be dropped from his record. In pleading no contest, Ayson maintained that he never smoked marijuana, said his attorney, David J. Gierlach.

Ayson admitted that he had a marijuana pipe belonging to someone else that contained the charred remains of marijuana residue. Gierlach said his client submitted to a toxicology test within 24 hours of his arrest and submitted the negative results to the court.

Included with the negative drug-screen results was a sworn statement from the other person that the marijuana pipe belonged to him, Gierlach said.

"He was charged with possessing any amount of marijuana because that pipe was in his car and because it wasn't his and he knew it was in his car," Gierlach said.

Ayson and Lisa Luhrsen, 36, of Waipahu, also a Mililani teacher, were arrested after they reportedly were seen smoking marijuana in Ayson's truck at the Mililani Park and Ride Dec. 4.

Reach Peter Boylan at pboylan@honoluluadvertiser.com.