PITTSBURGH — A Western Pennsylvania lawmaker is scheduled for a preliminary hearing on a charge that he smoked marijuana while tailgating last month outside a Pittsburgh Steelers game.

Pittsburgh police say state Rep. Paul Costa was caught sharing a marijuana cigarette with another man outside Heinz Field on October 3. Two officers say they saw the Allegheny County Democrat and another man passing the joint between them.

Costa’s attorney says his client adamantly denies the allegation and “detests marijuana.”

Costa and his friend each face a single misdemeanor charge of engaging in a prohibited act under the state’s controlled substance law. The offense carries up to 30 days in jail and a $500 fine, but is often reduced to disorderly conduct so an offender isn’t left with a criminal record for drugs.