Unless you’ve been living at the bottom of the pool for the past several weeks, you’ve probably heard that all-time Olympic record holder Michael Phelps was caught (via photo) smoking pot at a party.

The picture circulated around the web and was quickly picked up by a mainstream media that quickly vilified Phelps who, up to this point, was considered a squeaky-clean pitchman on Madison Avenue.

So where does this leave the swimmer?  How harshly should he be punished by society, and perhaps, the law?

Let’s take a look at the two sides to this story.

“Throw the book at him”

There are plenty of good reasons to act swiftly and severely against Phelps.  He is a hero and a role model to millions of young people.  If his pot smoking goes unpunished, the kids will begin to believe that smoking pot has no impact on one’s performance.  After all, if Phelps could be a pot head and win all those gold medals, then what’s the harm?

By bringing charges against Phelps it would provide a strong cautionary tale - and likely require Phelps to perform a great deal of community service.  This would include PSAs and public appearance where he could spread the word that marijuana is a harmful drug and can lead to much worse, including drug addiction.

“Give him a break”

There’s also a great deal of support for the contrary position.  We have reached a point in this country where marijuana abuse is seen as a fairly harmless activity.  Many advocates of legalizing the drug are calling upon the government to leave Phelps alone, saying that if he wants to engage in social pot smoking he should well be entitiled to do so.  Even members of law enforcement are saying that arresting Phelps for the photo is not the right call.

No matter which side of the argument you’re on, the fact remains that Phelps’ legacy is damaged forever.  This will never undermine his athletic achievements, of course, but as a public figure, that single grainy image of Phelps with mouth-to-bong has changed how we will view him for many years.

Whatever happens in the coming weeks and months, we must take this opportunity to talk to our children about drug use.  Marijuana is a gateway drug that can lead to heroin addiction, alcohol abuse or a number of other more serious issues that may require addiction treatment.