We begin with the PBS NewsHour and their fine report featuring the Honorable Rebecca Kaplan from the Oakland City Council and Richard Lee, the founder of Oaksterdam University. For balance (I suppose) they also interview the police chief of El Cerrito, California, who provides the obligatory doses of “reefer madness” at around the 5:00 mark.

Once again, I have to ask the cop at the end of the piece: How many people who don’t smoke pot now are going to start smoking pot once it is legal, and how much is that going to cost? Whatever it is, make the tax on pot equal to that amount, minus the expenditures we’ll save on not arresting people and sending helicopters on weeding missions, and we’ve covered the costs! (Actually, since Miron estimates that we’d reap in revenues and savings around $14 billion annually from legalized pot nationally, you have to convince us that the brand new legal pot smokers who aren’t already smoking now would cost society more than that.)

We’re still trying to figure out how you inject marijuana (from Newsweek photo essay on pot propaganda)

That stupid retort that legal weed will cost society more than the taxes only works if you believe that nobody is smoking weed now and suddenly when it’s legal, everyone will smoke weed. 22,000,000 PEOPLE ARE SMOKING WEED THIS YEAR ALREADY! Whatever that costs us as a society, we’re already paying NOW without taking in any tax money!

Cannabis does not “add another vice” to tobacco and alcohol that costs our society so much more than their taxes bring in. Alcohol and tobacco use create huge medical bills and death. Cannabis does not. With three legal choices and cannabis being obviously safest, we’ll cut costs as people choose it over alcohol and tobacco, and raise tax revenues that are currently going to black marketeers.

Read more about Newsweek and FOX Business News after the break…

Next we have the series of article in Newsweek, which has seemingly devoted an entire issue to the subject of legalization. In “Welcome to Potopia”, they describe the section of Oakland known as Oaksterdam as “a model for what a legalized-drug America could look like.” Dr. Nora Volkow from NIDA and Prof. Mark Kleiman from UCLA are cited to provide the necessary balance, with the typical warnings that “It’s certainly true that this is not your grandfather’s pot,” as if our grandfathers were smoking nothing but ditchweed in the 1960′s. (Sorry, but Sgt. Pepper and Dark Side of the Moon were not composed by nor appreciated by people smoking ditchweed.) Our own Paul Armentano is quoted as well:

The fact that we now are debating it—at least in some parts of the country—is the result of a number of forces that, as MacCoun puts it, have created the perfect pot storm: the failure of the War on Drugs, the growing death toll of murderous drug cartels, pop culture, the economy, and a generation of voters that have simply grown up around the stuff. Today there are pot television shows and frequent references to the drug in film, music, and books. And everyone from the president to the most successful athlete in modern history has talked about smoking it at one point or another. “Whether it’s the economy or Obama or Michael Phelps, I think all of these things have really worked to galvanize the public,” says Paul Armentano, the deputy director of the National Organization for the Reform of Marijuana Laws and the coauthor of a new book, Marijuana Is Safer; So Why Are We Driving People to Drink?”At the very least, it’s started a national conversation.”

Newsweek also looks at the “green rush” in Los Angeles County in a piece called “The Wild West of Weed” and how District Attorney Cooley says “about 100%” of the dispensaries are illegal and that “the time is right to deal with this problem.” Weed dealer turned dispensary owner Jason Beck tells his story of suffering through a DEA “smash-n-grab” raid where the cops were trapped in his store thanks to all the bulletproof glass and “man traps” he had installed for security. “If we were real gangsta drug dealers, we could have sniped them all out,” Beck says, lamenting how the DEA destroyed all his security equipment and how $12,500 in cash just mysteriously disappeared.

The Newsweek series winds up with a look at Drug Policy Alliance’s Ethan Nadelmann, called “The Pro-Drug Czar” (a term I’d bet he’d disagree with… he’s not “pro-drugs”, he’s “anti-prohibition”). Ethan gives the readers some of the best sound bites on how the drug war is impacting our prisons, saying “We lock up more people on drug charges than all of Western Europe locks up for everything, and they have 100 million more people than we do. We have less than 5 percent of the world’s population but we have almost 25 percent of the world’s incarcerated population. We rank first in the world in per capita incarceration, and the drug war is the No. 1 driving factor.”

Then this morning we are told the folks over at Fox Business News are beginning a series looking at the legalization wave in America. There are no stories or videos to post yet, but you can be sure that when there are, we’ll report on them here at NORML.

The remarkable thing in these series of news stories are not that the mainstream media is covering the legalization issue, it is how they are covering the issue. The discussion is no longer “what about the children?!?” and the doom-and-gloom warnings of heroin in the 7-Elevens if we legalize cannabis. The discussion now focuses on the economic viability of the cannabis market and the 40-year-long failure of the War on (Certain American Citizens Using Non-Pharmaceutical, Non-Alcoholic, Tobacco-Free) Drugs™ to do anything to impede that market. The pot-pun headlines are fading away and the ledes of the stories are tilted favorably toward our issue. In the past the government anti-pot propaganda dominated the story and if any contrary view was even broached, it was reformers being thrown a bone deep in the closing paragraphs to offer a rebuttal that was often couched in derogatory, “here’s what the stoners say” language. Now our side is presented as the rational, common-sense, business-savvy side of the issue with the hysterical law enforcement propaganda given the end-of-article quotes, often couched in desperate, “here’s what the reefer mad say” language.

America is becoming convinced that legalization of cannabis makes sense from a public health, public safety, and economic standpoint. And we haven’t even begun bringing up how much money industrial hemp would bring us in a legalized cannabis world…

By Norm Kent, Esq., Member, NORML Board of Directors

Richland County Sheriff Leon Lott and Company: ‘Michael Phelps, make our day!’

On this blog, I do not give legal advice. I express legal opinions. The legal opinion everyone is asking me about is can Michael Phelps actually be charged? After all, there is no proof there was anything in the pipe at all. There is no controlled substance to present to a court. There is not even a pipe that could lead to a paraphernalia charge. So how can they possibly prosecute him?

In my law office I have a steel Florida Marlin, stuffed by an ichthyologist, which I caught off the shores of Key West, in the waters of the Atlantic Ocean.

Under the fish, there is a plaque which reads, “Behold the bright, blue Marlin; this creature would not be here today had he not opened his big mouth yesterday.”

Michael Phelps should have come by and read it. His publicized admission that he toked from a bong at a frat party in a South Carolina dorm has stirred a whirlwind of controversy and put him in harm’s way.

The real bad news came from the sheriff in the jurisdiction where Michael allegedly toked up, with a pronouncement that he was going to investigate the case to see if he could prosecute young Mr. Phelps.

The sheriff’s public information teased the media: “The Richland County Sheriff’s Department is making an effort to determine if Mr. Phelps broke the law. If he did, he will be charged in the same manner as anyone else…”

Sheriff Leon Lott then commented to a local newspaper about the quality of his case. He stated that, “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.” Not so, Sheriff Lott. You are leaving out a lot.

First and foremost, look at Michael’s exact words, never acknowledging he smoked pot. Instead, there was a carefully worded admission that he engaged in regrettable behavior, it might even have been written by a publicist—more worried about that Speedo endorsement than a criminal prosecution. That does not a confession make. Score lap one for Phelps.

Second, what if some classmate who was at the party decides to turn the bong over to the authorities, instead of selling it on EBay? If they find Michael Phelps’ fingerprints on it, along with residue of cannabis, he can arguably be charged with possession of drug paraphernalia, since the pipe is supposedly packed with pot. But how would you know months later that the pot was not added after the fact? How would you prove it was the same bong? The Phelps defense would be that there is no continuous chain of custody that can establish there was contraband in the pipe at the time he held it in his hand. There is no way to show what was in the pipe when he held it. Phelps would win the second leg.

Third, the pictures alone are insufficient as a matter of law to sustain a conviction for possession of drug paraphernalia. Someone would have to come forth and authenticate it as an actual pipe. Someone would have to come forth and attest to the fact that they took the photo. Without real parties to affirm and swear to the authenticity of the alleged contraband, the evidence is entirely circumstantial and legally inadmissible. Phelps wins again.

Fourth, since the law prosecutes possession, and there is no way to prove that there was ever pot in the pipe when Michael exercised dominion and control over it, the charge would be subject to a Motion to Dismiss for failure to establish evidentiary proof of the contraband. Proof of possession typically requires an assertion by a drug testing laboratory, which is an arm of the sheriff’s office, to swear that the substance with which you are charged is actually illegal. There is no pot to test. Phelps wins a fourth round.

Venue, or location is important too. In order for any prosecution to be initiated by a law enforcement agency, someone will have to come forward with a sworn statement and independently establish the location of the alleged act. Typically, a second degree misdemeanor is not an extraditable offense. All Michael has to do is stay out of South Carolina. Phelps wins a fifth lap.

However, do not lose sight over the fact that Michael’s unsolicited statement could be used in tandem with witnesses to convict him after the fact. Just as you do not need a body to establish a murder, if the sheriff brought in a witness who said he put pot in the pipe, a second person who said ‘I handed Mike the pipe with pot in it‘, a third person who said ‘I saw Mike smoke the pipe with pot in it, and I am sure it was pot based on my experience,’ and tied that up with Mike’s admissions and a picture, who someone could say was taken contemporaneously with the criminal conduct, he could arguably go down. But even then there is a problem for the prosecution.

Under the legal doctrine of Corpus Delicti, a defendant’s confession or admission of guilt cannot be introduced until after the state has presented evidence showing that a crime has in fact occurred. So Phelp’s admission cannot come into play or even be used as evidence until the commission of an actual crime is established through other, substantial competent evidence.

This last scenario would require testimony from other witnesses who were at the bong party with Michael. These persons would have to come forward and admit to their own conduct as either equally guilty culprits or co-conspirators. It means they too would be putting their own scholarships and educational privileges at risk, and they are not sitting with millions of dollars in endorsements

In essence, I suspect that very soon the Sheriff will publish a statement that after ‘due diligence,’ his ‘investigation’ revealed an insufficient basis upon which to proceed.

And maybe the next time Mr. Phelps gets caught with marijuana he will stand up and courageously say: “It’s normal to smoke pot. I am an Olympic gold medal winning athlete and it has not impaired me one bit.”

If he does, I will invite Michael to join the NORML advisory board. I will even buy him his own bong.

Norm Kent, a Fort Lauderdale criminal defense lawyer, can be reached @ www.normkent.com. He is the publisher of the Broward Law Blog.

Late Thursday, cereal and snack manufacturer Kellogg’s announced that it will not renew its sponsorship contract with 14-time Olympic gold medal champion Michael Phelps. The company said that Phelps’ recent acknowledgment of marijuana use, and subsequent apology, was “not consistent with the image” of the company.

We disagree!

As NORML wrote earlier this week, it’s not Michael Phelps who should be castigated, but rather it’s the absurd and hypocritical laws that criminalize the behavior of Phelps and tens of millions of other successful and productive Americans like him that is worthy of condemnation.

Millions of Americans agree. In fact, in the past week dozens of high profile pundits and commentators — including Kathleen Parker in the Washington Post, Stanton Peele in the Wall Street Journal, and Doug Bandow in National Review Online — have demanded a repeal of America’s archaic and overly punitive pot laws.

Michael Phelps is in good company. Nearly one out of two Americans have admitted using marijuana. Whether or not the most decorated athlete in history chooses to unwind during his off time with a glass of wine or a bit of cannabis is really none of the government’s — or our — business.

Please take time today to contact the Kellogg Corporation. Tell them that you oppose their decision to drop Michael Phelps and that, as a result of their actions, you will not be purchasing any Kellogg’s related products for the next three months (or until the company decides to reinstate the Phelps as their spokesperson).

There are several ways you can make your opinion known to the company.

You can call Kellogg’s main telephone number during east coast business hours, Monday through Friday, at: (269) 961-2000 or toll free at: 1 (800) 962-1413.

You can e-mail Kellogg’s consumer services department by visiting: http://www2.kelloggs.com/ContactUs.aspx.

You can contact Kellogg’s media relation department at: 269-961-3799 or via e-mail at media.hotline@kellogg.com.

You can e-mail Kellogg’s corporate responsibility department at: corporateresponsibility@kellogg.com.

You can e-mail Kellogg’s investor relations department at: investor.relations@kellogg.com.

Or finally, you can write the Kellogg Company a letter at:

One Kellogg Square
P.O. Box 3599
Battle Creek, MI 49016-3599

When contacting the company, please be polite and concise. Tell them:

“Hi, my name is _____________ and I’m a frequent consumer of Kellogg’s products.

Nearly one out of two Americans has used marijuana. This includes tens of thousands of prominent, highly successful Americans — including our current President. Michael Phelps should not be stigmatized nor condemned for private behavior that he, and millions of others, engage in.

The majority of the public, as well as those in the media, are standing behind Michael Phelps and so am I. I will no longer be purchasing Kellogg’s brand products until your company reverses its decision and reinstates Michael Phelps as your spokesperson.”

Thank you for standing up against the needless discrimination of cannabis consumers.

This morning NORML is taking our message to lawmakers in Washington, DC via the highly influential Hill.com blog.

Why Condemn Phelps, When We Ought to Condemn the Laws That Brand Him A Criminal
via The Hill‘s Congress blog

[excerpt]

Add decorated Olympic swimmer Michael Phelps to the growing list of successful Americans who happens to indulge in marijuana during his down time. The tabloid news story is making international headlines, though it’s difficult to understand why.

… Sure, there will be some who will say that this latest chapter in Phelp’s life is deserving of criticism because the 14-time gold medalist is sending a poor message to young children. And what message would that be? That you can occasionally smoke marijuana and still be successful in life. Well sorry if the truth hurts.

Fact is, most Americans who use pot do so for the same reasons — and in the same manner — as do those who drink alcohol. According to a recent University of Alberta study, the majority of adults who use cannabis do so recreationally to “enhance relaxation.” Researchers concluded: “[M]ost adult marijuana users regulate use to their recreational time and do not use compulsively. Rather, their use is purposely intended to enhance their leisure activities and manage the challenges and demands of living in contemporary modern society. Generally, participants reported using marijuana because it enhanced relaxation and concentration, making a broad range of leisure activities more enjoyable and pleasurable.”

No doubt Michael Phelps indulged in the use of marijuana for these very same reasons. He ought not to be condemned for it nor branded a criminal for his actions.

For that matter, neither should anyone else.

As I’ve written before, The Hill is widely read by lawmakers and by the mainstream media, and previous posts by NORML have elicited national press coverage. Therefore, it is vital that we demonstrate the popularity of the marijuana legalization issue by commenting prolifically. Please post your feedback to The Hill and make a point of disseminating this essay to your friends and colleagues.

Okay, it is only February 1st, and more people this year have already died from peanut butter than pot.

Seriously, when you think about what has crossed the pages of our nation’s conscience in the past month, you have to wonder why we are all not getting high.

With thanks to Michael Phelps, I have ten good reasons to believe drug law reform will ‘take’ this year. Here is why.

Number One: The President
First of all, we elected a President who has admitted inhaling, and whose half brother just got arrested in Kenya for possession of marijuana. Growing up in urban Chicago, and having come from Hawaii, home of ‘Maui Waui,’ we have a man in the oval office that has an herbal background.

I am therefore not intimidated that, on his third day in office, while he was working on a nationwide economic stimulus package, some renegade prosecutors raided a medical dispensary in California. Those ugly efforts will cease soon enough. I am encouraged by President Obama’s prior public statements that such raids are counterproductive and provide illusory answers to real problems.

Number Two: The Medicine
Just as I was exploring the placement of my mom into an assisted living facility for early stage Alzheimer’s patients, I see a study released by Ohio State University this month. The research is indicating that marijuana has some potential capacity to reduce brain inflammation, which plays a role in Alzheimer’s. Mom, those brownies might taste differently next week.

While evidence showing the benefits of marijuana in multiple sclerosis cases has been advancing significantly, work in Alzheimer’s disease is still in its infancy. Still, another recent study performed at the Scripps Research Institute in California found that THC, the active ingredient in marijuana, inhibits the formation of a brain plaque that is a hallmark of Alzheimer’s disease.

Number Three: The Politics
If you light up a joint while walking down High Street in Medford, Massachusetts, not much is likely to happen to you. As of Jan. 2, Massachusetts became one of 12 states that have decriminalized marijuana possession to some extent. The new civil penalties for possession of less than 1 ounce include a $100 fine and forfeiture of one’s stash for those over 18 years of age. Minors will receive the same fine and be required to attend drug education classes.

In city after city, and state after state, once silent minorities are becoming vocal majorities and voting to enact legislation freeing marijuana from unjust law enforcement. When given the chance, we are winning the war against prohibition. Legislators in Michigan, Connecticut and even Florida are starting to re-introduce bills to lower penalties for pot. The whirlwind is commencing; just ask anyone in a dorm room within a wave of the White House after the inauguration.

Number Four: The Media
Marijuana has gone mainstream. Media outlets are no longer hiding in the shadows afraid to produce honest reports about the culture of marijuana. We are less likely to see commercials of pot smokers having their brains grilled in a frying pan. We are more likely to view legitimate programming which produces truths rather than trash about your stash.

One such report was featured on NBC news last week, a snippet of an hour long production on MSNBC entitled ‘Marijuana, Inc.’ Focusing more on economics then the sociology of pot, the well-supported report inescapably concluded that marijuana commerce is here to stay and unlikely to change. As even the NY Daily News said, “When it comes to marijuana, a whole lot of people voted some time ago to just say yes.” Ask the cast of the award winning Showtime series, ‘Weeds,’ which captures a growing American spirit.

Number Five: The Public
Even the Department of Health has said that 95 million Americans have over the age of 21 have tried marijuana at least once. Everyone except Bill Clinton has inhaled. The anti drug warriors have a hard time explaining to the average adult in the 21st century that millions of Americans are wrong when they light up every day.

It is normal to smoke pot. The vast amount of marijuana users today are parents choosing to calm down instead of liquor up, not just kids, looking to get high after class. Of course, they are too, adults treating arthritis, patients using it for multiple sclerosis, or people with HIV fighting a wasting syndrome. Pot smokers cross ethnic, sociological, and economic boundaries.

Number Six: The Celebrities
There is a lot of reason to hate the celebrity culture, paparazzi, and people who get their daily pulp from finding out where Brittany Spears went shopping. As more media types get busted with pot, the less newsworthy it becomes. The public could care less. An arrest for pot is not a career-ending event. As I finish this piece and send it off for distribution, I am watching Snoop Doggy Dogg being interviewed on ESPN for the NFL Countdown to the Super Bowl. It does not seem to have hurt him. And guess what Michael Phelps got caught doing this weekend? Toking off a bong!

Macauley Culkin, Bud Bundy, Willie Nelson, Art Garfunkel, and Al Gore’s son also make the High Subscription List. So do Allen Iverson, Matthew McConaughey, Whitney Houston, Oliver Stone, and even Queen Latifah. All have posted bail for pot. They are not doing too badly for themselves. Go visit Celebstoner for more prime examples of the intersection of celebrity and cannabis.

Number Seven: The Growers
In speaking out against rescheduling marijuana so as to remove it from its classification as dangerous, the most significant point that the Office of Drug Control Policy makes is that today’s weed ‘is not your grandfather’s pot.’

Exactly! It is not, but they miss the mark when they say today’s pot is ‘stronger.’

Today’s pot is also cleaner, safer, and healthier to consume. From vaporizers to hydroponic labs, the marijuana grown and consumed today is more precisely cultivated, carefully processed, and lovingly manicured then the mold-encased, dried-out weed we grew up on decades ago. That pot was often delivered to Americans from overseas after being buried in the dark, musky cargo hulls of ships for weeks at a time.

Now that Americans grow our own marijuana at home, we do not hear stories on a daily basis about people smoking rat poison or buying oregano. We have returned to the roots of our forefathers, lest we forget that George Washington, Thomas Jefferson, and James Madison all grew hemp. They did not turn out too bad, either. Today’s pot growers are the new revolutionary farmers.

Number Eight: The Police and Jails
Sadly, the criminal justice system in America is teeming with serious crimes and violence against Americans. A Department of Homeland Security must necessarily focus on threats from abroad. From drive-by shootings to corporate white collar crime, the jails in our country are simply not capable of housing all those who should arguably be locked up. So law enforcement has to prioritize. Building jails and keeping people in prisons costs more money than communities can afford. Pot smokers are the residual beneficiaries.

The necessities of twenty first century law enforcement have reduced pot to secondary priorities. More and more cities are encouraging cops to treat simple pot possession as a civil traffic infraction and just write a ticket. As those progressive initiatives take hold, pot prosecutions will diminish and pot users will be treated more fairly.

Number Nine: The Non Profits
The wealth of non profit organizations advocating drug law reform is growing exponentially. We are not just NORML anymore. Benefactors like Peter Lewis and George Soros have underwritten drug reform movements the way Hugh Hefner once helped NORML. The Marijuana Policy Project, Students for a Sensible Drug Policy, the Drug Policy Alliance, and Law Enforcement Against Prohibition are just a small sampling of honorable groups fighting to change the public perception in the way drug consumers are viewed and treated. If you enhance their efforts today, there is less of a chance that you will be bonding yourself or your child out of jail tomorrow.

Number Ten: The Internet
There is no better way to end this column then to point towards the awesome power of networking to generate partnerships for the common good. Overnight, hundreds of thousands of reformers can be linked for a specific goal, a targeted protest, or unified voice to speak out for or against a new law or proposed regulation.

The NORML blog and podcast draws hundreds of thousands of Americans daily who would otherwise never be reached but for the arm of the ‘Net. Stopthedrugwar.org, Marijuananews.com, and cannabisnews.com are amongst the target specific Internet resources drug law reformers can access instantly. There are too many more to mention.

Finally, the Internet has spawned awesome networking groups such as Facebook and MySpace, where activists, organizers, and reformers can synthesize their partnerships and causes. And there is always something new unfolding, like Twitter, which I have not figured out, but I know is catching on.

It’s Up to Us!

For too many years, pot smokers have been political prisoners, captive to repressive government and a rolling tide. 2009 represents a renewed opportunity to make the waters of justice run our way again.

*This was originally published at KentVent.com

Now maybe that answer has possibly presented itself. Check out the photo here.

*Update: Phelps acknowledges the photo is accurate and that he has used marijuana…

14-times Olympic gold medal winner Michael Phelps caught with cannabis pipe

By Georgina Dickinson, 01/02/2009

News Of the World

In our exclusive photo Michael Phelps, who won a record EIGHT gold medals for swimming at the Beijing games last summer, draws from a bong.

The glass pipes are generally used to smoke cannabis.

And after sporting chiefs announced laws which mean four-year bans for drug-taking, Phelps’ dreams of adding to his overall 14 gold medal tally at the 2012 games in London could already be OVER.

Those dreams seemed the last thing on his mind when he puffed from the bong during two days of partying with students last November, a quiet time in the swimming calendar when athletes would not expect to get tested for drugs.

One party-goer who witnessed the star’s behaviour told the News of the World: “He was out of control from the moment he got there.

“If he continues to party like that I’d be amazed if he ever won any more medals again.”

Phelps’ aides went into a panic over our story and offered us a raft of extraordinary incentives not to run the bong picture.

It was on November 6, weeks after his Beijing triumph, that 23-year-old Phelps surprised students at the University Of South Carolina in Columbia by showing up unannounced at a house party.

He was visiting Jordan Matthews, a girl he was secretly seeing who was a student there.

Our source revealed: “Michael came to visit Jordan but ended up just getting wasted every night.

“He arrived with a group of girls hanging all over him. Jaws hit the floor when he walked in. You don’t get many celebrities in Columbia, so when Phelps comes to your party it’s a very big deal.

Obnoxious

“He didn’t know many people so you’d think he’d be a little shy. But he was loud, obnoxious and slamming beers from the get-go.

“Every girl wanted a piece of him and every guy wanted to be his best buddy. He couldn’t get enough of all the attention.”

As he basked in his hero status, Phelps knocked back beers and shots of spirits. And when a student offered him the glass bong engraved with red writing, he did not hesitate, says our source.

The 6ft 4ins athlete, in a white T-shirt and navy cap worn back to front, clasped the device in his huge hands and inhaled deeply.

Our source said: “You could tell Michael had smoked before. He grabbed the bong and a lighter and knew exactly what to do.

“He looked just as natural with a bong in his hands as he does swimming in the pool. He was the gold medal winner of bong hits. Michael ended up getting a little paranoid, though, because before too long he looked like he was nervous and ran out of the place.”

But the next night, Phelps was out partying again. The source added: “He was right back at it at Pavlov’s bar.

“Like the night before he was holding court, throwing back shots two at a time and pouring drinks to every cute girl.”

Drink has got Phelps into trouble before. In 2004, aged 19, he got 18 months probation for driving while under the influence.

His wild behaviour is in stark contrast to the grim regime which took him to the top of his sport.

He once described his life, saying: “All you do is eat, sleep, swim; eat, sleep, swim; eat, sleep, swim.”

Last night Phelps’ management team and the sporting world closed ranks over the scandal.

Taint

The US Olympics Committee, who have pledged to clamp down on drug use, refused to comment, as did USA Swimming and Phelps’ coach Bob Bowman.

More surprising still was the World Anti-Doping Agency’s refusal to comment, given that they introduced the four-year ban on sport’s drug users.

Phelps, who earned £4million last year in endorsements, has resumed training for the 2012 games.

But there were fears about his commitment when, weeks after the bong incident, he began dating former stripper Caroline Pal.

Phelps is represented by marketing giant Octagon, which works with huge brands such as Mastercard and HSBC. They admitted proven cannabis use would be “a major taint” on Phelps’ character.

Spokesman Clifford Bloxham offered us an extraordinary deal not to publish our story, saying Phelps would become our columnist for three years, host events and get his sponsors to advertise with us.

In return, he asked that we kill Phelps’ bong picture. Bloxham said: “It’s seeing if something potentially very negative for Michael could turn into something very positive for the News of the World.”

He stressed that the swimmer had taken 1,500 drug tests and never failed one.

Until now?

*Update: Phelps acknowledges the photo is accurate and that he has used marijuana.