When the news first broke about a photo of Olympic gold medalist Michael Phelps apparently using a bong at a party, and his quick statement of apology, the first thing that came to my mind was whether or not there might be any potential legal problem waiting for him.

Today, the sheriff of Richland County in South Carolina answered that question.

Sheriff Leon Lott says that if evidence can be established showing the Phelps smoked marijuana within the county limits, charges will be brought up:

“This case is no different than any other case,” Lott said Monday. “This one might be a lot easier since we have photographs of someone using drugs and a partial confession. It’s a relatively easy case once we can determine where the crime occurred.”

The case is a little different than any other case, because of Phelps’ fame.  A cynic might argue that a sheriff might use such a situation to attract a little attention for the next election.  On the other hand, prosecuting a well-known, generally well-liked figure like Phelps could anger voters enough that such a case might backfire.

But I’m curious about the “partial confession” Lott refers to.  Phelps didn’t actually say he smoked marijuana.  What he actually said was this:

“I engaged in behavior which was regrettable and demonstrated bad judgment.  I’m 23 years old and despite the successes I’ve had in the pool, I acted in a youthful and inappropriate way, not in a manner people have come to expect from me.  For this, I am sorry. I promise my fans and the public it will not happen again.”

There was no admission that he actually smoked marijuana, only that he exercised bad judgment.  And there’s no way to tell from the photo that marijuana was actually being used, even if a bong was present.

And while I admire Phelps for his extraordinary athletic abilities, I rather resent his mention of age as some sort of excuse.  In 2004, after being arrested for drunken driving, he cited his age — he was 19 then — as part of the problem.  Now, at 23, his “youthfulness” caused him to make more bad decisions.

Twenty-three, by all reasonable definitions, represents adulthood.  He’s no longer a boy.  He’s a man.  Time to act like one.  And if he can’t do it on his own, with all of the millions of dollars he’s worth through all of the endorsement deals, he could hire the strictest of schoolmarms to keep him in line.  Or the toughest of bouncers to keep trouble away.

I suspect that Phelps will never actually be charged unless he explicitly admits to have done something illegal rather than just having exercised bad judgment.  But I hope he cleans up his act; whether it’s fair or not, Phelps is, to many, a hero and a role model.  They deserve better.