
Lieutenant Chris Cowan said that sheriff's investigators in Richland County, South Carolina, where the alleged incident took place, are gathering more information about the photograph.
Cowan did not specify what charge was being considered and declined to discuss details of the investigation.
Phelps, the American winner of eight gold medals at Beijing 2008, this week apologized for his "regrettable" behavior and "bad judgment" after a Sunday newspaper published the picture, which was apparently taken at a party at the University of South Carolina in Columbia last November.
The 23-year-old made no admission of what substance was involved, but major corporate backers, which include Speedo, Omega, Visa, Subway, and Kelloggs, have so far remained supportive, even though the episode is the second time he has fallen into controversy following an arrest for drunk-driving in 2004.
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Labels: Celebrities and Food, Crime, Industry