Olympic Swimmer Michael Phelps May Be Charged For Possession of Marijuana and Drug Paraphernalia
There are reports out today that South Carolina law enforcement officials are considering filing possession of marijuana and drug paraphernalia charges against Olympic swimming sensation Michael Phelps in response to photographs that were recently released showing him allegedly smoking marijuana from a bong. Possession of an ounce or less of marijuana in South Carolina is a misdemeanor punishable by a fine of up to 30 days in jail and a $200 fine. Possession of drug paraphernalia in South Carolina is punishable by a $500 fine. In my opinion, prosecutors will need a lot more than a photograph to prove possession of marijuana. Prosecutors -in my opinion -will need a certified lab test result stating that the substance in the bong at the time Phelps was in possession of it was indeed marijuana. Prosecutors –in my opinion- may not even be able to prove a prima facie case of possession of drug paraphernalia if they do not have at least one witness who can attest to the authenticity of the photograph and Phelp’s geographical location when the photograph was taken.
