The Denton County district attorney's office will determine whether to prosecute Irvin, the FBI said Tuesday.
A grand jury would receive any accusations involving a possible felony offense, assistant district attorney Kevin Henry told the Fort Worth Star-Telegram in Wednesday's editions.
"If they send it up here, we are going to review it just like any other case," he said.
"We are not accelerating our efforts to expedite this matter," FBI special agent Lori Bailey said. "It will pass through our system like any other investigation."
Two days after arresting Irvin and a woman at the apartment, members of a drug task force said they would not seek marijuana charges against Irvin. He had been arrested on investigation of misdemeanor marijuana possession.
"It becomes a local prosecutive matter," Bailey said.
Authorities said they found less than two ounces of marijuana along with ecstasy pills.
A drug task force had a warrant for the apartment's tenant, who was not there. Instead, Irvin and the tenant's sister were at the apartment.
"We had been over there one other time," Bailey said. "We did not know that Michael Irvin had ever been there."
Apartment tenant Ronda Adham, who also is identified as Rhonda Adaham on some official documents, was arrested by task force agents Aug. 10 in a Dallas suburb. She was indicted on federal drug trafficking charges in 1999 and had violated conditions of her pretrial release.
Adham was part of a group accused of selling the heroin that killed Mark Tuinei of the Cowboys last year, according to published reports.
Earlier reports also said that a substance that appeared to be cocaine had been found in the apartment where Irvin was arrested.
In 1996, Irvin pleaded no contest to felony cocaine possession in exchange for four years of deferred probation, a $10,000 fine and dismissal of misdemeanor marijuana possession charges.
The NFL suspended Irvin for five games. He finished his deferred probation on the charge just before announcing his retirement last month.
Irvin has insisted he was in the wrong place at the wrong time and the drugs were not his.
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