The Richland County Sheriff’s Department is investigating Michael Phelps and is trying to build a case against him after photos surfaced with him holding a bong. The Police have already made several arrests and seem more interested in gaining information on Phelps.
In Florida, if one is convicted of simple possession of marijuana less than 20 grams, they face up to one year in the county jail and a 2 year suspension of their driver’s license. The sheriff in Rockland County seems to be wanting to make a name for himself based on a misdemeanor marijuana charge.
The Police would have a difficult, if not impossible time, proving the marijuana charge against Phelps. Under Florida law, they would have to prove the substance in the bong was marijuana. This would be impossible because police were NOT at the scene to perform a presumption field test. Police may have an easier time charging him with possession of drug paraphernalia, also a misdemeanor under Florida law. However, if Phelps or his attorneys could show that a bong can be used for things other then smoking illegal narcotics, then the prosecution would again fail.
Either way this case is ridiculous.