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No criminal charges will be filed against Michael Phelps after he was photographed with a pipe typically used to smoke marijuana.

Richland county sheriff Leon Lett said that after a full investigation into the November party, at which Phelps was photographed, there was not enough evidence to charge anyone.

"Having thoroughly investigated this matter, we do not believe we have enough evidence to prosecute anyone that was present at the November party," Lett said.

Phelps, who won a record eight gold medals at the Beijing Olympics, was shown holding a bong in a photograph published two weeks ago by the News of the World.

Phelps was suspended for three months by USA Swimming and lost a sponsorship deal with cereal maker Kelloggs.

Police confiscated the bong, whose owner reportedly tried to sell the now-infamous pipe for $100,000, and questioned people regarding the party after learning it was staged near the University of South Carolina.

Lett had been criticised by some for seeking attention in going after Phelps but defended his inquiry as responsible law-enforcement given the situation.

"By ignoring the November incident, I would have been sending a message of tolerance and condoning the use of illegal drugs. I could not do that," Lett said.

"How can we teach our kids... not to do drugs, then look away when it's an important person?

"Michael Phelps and I agree that something positive needs to come from this incident and that is a message of not using drugs. My perspective is that the law pertains to everyone and our drug laws are to be enforced."

AFP