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Michael Phelps
Michael Phelps has lost sponsorship revenue and has been suspended from competition for three months. Photograph: CHRIS GARDNER/AP
Michael Phelps has lost sponsorship revenue and has been suspended from competition for three months. Photograph: CHRIS GARDNER/AP

Phelps will not face charges for marijuana use

This article is more than 15 years old
Insufficient evidence under South Carolina state law
Phelps considering pulling out of London 2012 Games

The American Olympic swimmer Michael Phelps will not be charged by police for drug use. Photos of the 14-time gold medallist smoking from a marijuana pipe at a student party in South Carolina were published in the British press last month, but local police were unable to find enough evidence to charge Phelps or anyone else at the party.

"Michael Phelps is truly an American hero ... but even with his star status, he is still obligated to obey the laws of our state," said Leon Lott, sheriff of Richmond County. Legal observers interviewed by The State newspaper said charges were unlikely because Phelps was not caught by authorities committing a crime and that credible witness would be difficult to find, making a court case difficult to prove under South Carolina law.

In addition, state law doesn't allow extradition of suspects charged with crimes carrying sentences of less than one year, including simple possession of marijuana, lawyers say. Phelps has admitted he is the man in the picture but has not specifically admitted to using marijuana. USA Swimming announced he was being suspended from competition for three months, and cereal maker Kellogg's said it would drop a lucrative endorsement deal with him.

Olympic officials said Phelps' behaviour wouldn't affect his gold-medal status because the November party incident occurred in the competition off-season. Phelps publicly said the ordeal is causing him to reconsider whether he will participate in the 2012 Olympics.

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