"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 six months ago, was shown holding a bong in a photograph published two weeks ago by a British newspaper, humiliating the superstar swimmer.
"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."
Oh Michael. I'll bet you DO think "something postive (besides your urine test!) needs to come from this incident". I can hear the PR machine from here:
"Mikey...it's a win-win! YOU get off, and the sheriff continues to get his name in the media! Awesome."