Michael Phelps will not be facing criminal charges related to an investigation triggered by the picture of the Olympic star taking a toke off a bong, however the owner of that bong will.

Zachary King was arrested by Richland County, S.C. police on February 7 and charged with marijuana possession.

Police say they tracked down King as the bong owner after King tried to sell the world’s most famous water pipe for $100,000 on eBay. King denies shopping it on eBay but will have to answer to authorities regarding the charges.

Richland County sheriff Leon Lott released a statement regarding not charging Phelps that included a confirmation there was no evidence in the case, “Having thoroughly investigated this matter, we do not believe we have enough evidence to prosecute anyone that was present at the November party”.

Lott’s office did, however, feel they had enough evidence to get a search warrant for two homes and made a total of eight arrests stemming from the photo and party.

While Lott takes the podium under the spotlight of the national media and is now a household name in law enforcement, the Huffington Post is circulating a petition suggesting the sheriff is overzealous regarding an issue like this when there is a laundry list of unsolved homicides in his jurisdiction.

Phelps, who won a record 8 gold medals in the 2008 Beijing Summer Olympic games, is currently serving a three-month suspension by USA Swimming.

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