While the 14-time gold medallist apologized for his behavior after a photo surfaced (left) showing him with a marijuana bong, Richland County Sheriff Leon Lott says he doesn't have enough physical evidence to charge Phelps.
Lott says Phelps is an American hero but responsible for following state laws. The photo in question was taken at a party during Phelps visit to the University of South Carolina.
But police say they couldn't prove whether Phelps had actually smoked from the pipe -- despite the photo.
"We had a photo and him saying he was sorry for inappropriate behaviour," Lott told reporters. "He never said, 'I smoked marijuana.' We didn't have physical evidence."
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