Minnesota high court: Bong water can count as illegal drug

[Blue_Tires]

That bong with the leftover water in it? It can get you in big trouble.

The Minnesota Supreme Court ruled 4-3 on Thursday that bong water with traces of methamphetamine was a "mixture" with a controlled substance — and not just "drug paraphernalia" — sending the case of a Rice County mother back to district court for retrial.

Sara Ruth Peck, now 46, of Faribault, was charged with first-degree drug possession in September 2007 after the South Central Drug Investigation Unit searched her home and found a glass bong, a red butane torch and a glass pipe. Peck was at home with her children, ages 12 and 8.

The St. Paul crime laboratory analyzed a sample of the water from the bong; it tested positive for meth, the complaint said.

Peck also was charged with felony fifth-degree drug possession and child endangerment, a gross misdemeanor.

The district court in Rice County threw out the first-degree drug possession charge after she argued that the pink, fruity bong water did not constitute a "mixture" under state law. Peck intended the bong water to be part of the bong, or drug paraphernalia, the court concluded.

http://www.twincities.com/ci_13617920?source=most_viewed

[MrModerate]

1. The war against drugs takes down another link in the chain of terror!

And, deprived of their mother, the children will no doubt live happier, fuller lives.

Do you feel safe yet?

[paulsby]

2. it's a sound ruling.

i am against the war on drugs, but GIVEN the drug laws as they are, the ruling makes sense.

of course, the drug war in general doesn't make sense.

[MrModerate]

3. I dunno. I think the argument that the bong water was part of the paraphernalia . . .

is probably closer to the "truth" than that it was a mixture to consumption. The few cases I've read about people busted with bongs used for marijuana (without any marijuana also being found) have not included a charge of possession for the resin inside the bong or the bong water.

The overal point was that the legal authorities are counting angels dancing on the head of a pin, trying to find a way to charge this woman with something more serious than might usually be the case. It's symptomatic of the the whole war on drugs, which is driven by prudery, police thuggism, and pure self-interest on the part of that section of the economy that makes its living locking people up for drug offenses.

[paulsby]

4. it varies jurisdiction by jurisdiction

my local prosecutors have a threshold amount that is needed before one can charge and thus it's a bright line rule

unfortunately, it sounds like there was no bright line and the judge had to rule on the law as it was.

[cstanleytech]

5. Aye thats what it sounds like to me as well.

Course it still annoys me that our government wastes money combating drugs when history has shown that prohibition has failed before.

[paulsby]

8. true

but it's not just our govt. it's practically every govt on earth

[Blue_Tires]

6. ttt

[ReverendDeuce]

7. I don't smoke but...

I've read that you can get a vaporizer and end the bong-water blues.

[MrModerate]

9. This person was reportedly ingesting meth of some sort . . .

I'm not sure that vaporizers work for such substances.

[Forkboy]

10. My old rug could put me away for life.