Richland County Sheriff Leon Lott will not charge Michael Phelps for illegal bong shenanigans, but has vowed never to give up on trying to catch those wily Duke brothers boys.

Last week Lott hauled in seven other people who were at the South Carolina frat party where Phelps was photographed with a bong. But apparently none of those would agree to give up any information on Phelps, and Lott decided to give up on it.

"We had a photo and him saying he was sorry for inappropriate behavior. He never said, ‘I smoked marijuana.' We didn't have physical evidence," Lott said. The sheriff's office said seven people arrested during the investigation would still face a simple possession of marijuana charge, which carries a maximum penalty of 30 days in jail or a $575 fine. Another person was arrested for driving under suspension.

SC Sheriff: No Pot Charge For Swimmer Michael Phelps Stemming From Marijuana Pipe Photo [New York Daily News]
Hey, I wasted All Your Time [Slow Breaker]