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Minnesota Supreme Court rules bong water counts as an illegal drug
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Hit it when dry - sore throat beats 7 years in jail
In the same vein as the “you might be a redneck” jokes popularized by comedian Jeff Foxworthy, there are numerous counter-culture puns that poke fun at marijuana users. Especially those who smoke enough weed to be classified as ‘stoners’.
You know you’re a stoner when you try putting in your contacts and realize you’re already wearing a pair.
You know you’re a stoner when you substitute the word ‘hit’ in every situation, i.e., “Dude, can I get a hit of those gummy worms?”
And my personal fave: you know you’re a stoner when you’ve used bong water to put out a fire.
But if you’re a citizen of the state of Minnesota, possession of the resin-filled flame extinguishing liquid has just been classified as an illegal drug – especially if the fluid tests positive for methamphetamine.
Faribault, Minnesota, resident Sara Peck was arrested and charged with first degree drug possession after a state drug enforcement unit searched her home and found a glass bong, butane torch and a glass pipe.
It didn’t help that Peck’s children – ages 12 and 8 – were home at the time of the search, leading to additional charges of child endangerment.
After confiscating the smoking device, investigators sent the bong’s watery contents to the St. Paul crime lab for analysis. Tests showed a presence of the meth.
In district court, Peck argued that the water was part of the bong, and convinced the judge it should be considered drug paraphernalia and not classified as a ‘controlled substance.’
The judge agreed, and threw out the first-degree drug possession charge. The state Court of Appeals upheld the district court ruling, but based on the wording of the state law, the case went all the way to Minnesota’s highest court.
Yesterday, the Minnesota Supreme Court ruled (4-3) that bong water with traces of methamphetamine was a “mixture” with a controlled substance, therefore not qualifying as ‘drug paraphernalia.’
In his majority opinion, Supreme Court Justice G. Barry Anderson wrote that state law was clear and that the courts “must give the statute's words and phrases their plain and ordinary meaning.”
Minnesota law defines a mixture as “a preparation, compound, mixture, or substance containing a controlled substance, regardless of purity.” The law also says that a person is guilty of first-degree possession if he or she possesses one or more mixtures of 25 grams or more of meth.
The weight of the water confiscated from Peck’s bong was 37 grams (less than three tablespoons).
As a result of the ‘supreme’ ruling, Peck will find herself back in district court for a retrial. If convicted of the first-degree drug possession charge she could face a presumptive sentence of more than seven years.
If the water were treated as paraphernalia Peck would receive a $300 fine and a petty misdemeanor conviction.
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