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Michael Phelps can breathe a sigh of relief today: The South Carolina sheriff investigating the party where the swimmer’s infamous bong photo was snapped will not press any charges. Sheriff Leon Lott says he doesn’t have enough evidence to prosecute the Olympian or any of the other attendees at the fateful November party. He said in a statement: “Michael Phelps and I agree that something positive needs to come from this incident and that is a message of not using drugs.” Phelps, who has apologized for smoking pot, has been suspended from swimming competitively for three months and dropped by Kellogg.