Bong Water Can Be Illegal Drug, Minnesota Court Rules

AP ^ | October 23, 2009 | October 23, 2009

[Palin Republic]

In a sharply worded dissent, Justice Paul Anderson said the majority's decision "does not make sense, and borders on the absurd." He said it isn't consistent with what the Legislature intended when it wrote the state's drug laws. And he blasted Rice County authorities for charging Peck with such a serious crime.

If bong water is considered a drug mixture, and it weighs enough to raise the crime to a first-degree drug offense, the presumed sentence for a first-time offender is seven years and two months in prison, and a felony drug offense goes on his or her record, Paul Anderson wrote.

But if the bong water is treated as part of the drug paraphernalia, as the lower courts held, he wrote, the same defendant would face no more than a $300 fine and the petty misdemeanor conviction would not go on his or her record.

Justices Alan Page and Helen Meyer joined in Paul Anderson's dissent.

Attorney Bradford Delapena, who represents Peck, said he had not yet had a chance to discuss the ruling with her, but he said the dissent correctly pointed out the problems the ruling raises.

"They're treating Ms. Peck, who had two tablespoons of bong water, as if she were a major drug wholesaler," he said.

Delapena said Peck's case now goes back to the trial court, where he said prosecutors could use the ruling to try to extract a guilty plea to a more serious offense with a stiffer sentence than a $300 fine on a petty misdemeanor. He laughed at the suggestion that it means dope smokers should empty their bongs promptly.

"I wouldn't presume to draw that lesson," he said. "I would just stick with the legal lessons."

[Palin Republic]

[Crim]

I agree with the judicial dissent.

[allmost]

[SouthTexas]

The way this is laid out tends to imply that it was pot, not so.

— of a liquid that tested positive for the presence of methamphetamine.

[cripplecreek]

I’ll never understand why people attack police for laws made by lawmakers.

Its a stupid decision but attacking police for it is at least as moronic.

[South40]

Bong Water Can Be Illegal Drug, Minnesota Court Rules

Does that mean Al Franken will now have to stop drinking it?

[ktscarlett66]

And anyway, bong water stinks so bad!!

Uh...I’ve been told that anyway.

[pray4liberty]

The slow slide to insanity is picking up speed (literally).

[eyedigress]

People shouldn’t be drinking it anyway. :^)

[YOUGOTIT]

This is like the so called state prosecutors here in Florida that have put several people in jail for life that never committed the crime and now they are getting out and “We The People” are paying millions in taxes as the persecutors go on with their big money lives. If this happens the persecutors should be put in jail immediately for the remainder of the terms that the person who never committed the crime was supposed to serve.

[refermech]

Bong water! arrrggghhhhh!!!!!

[the_daug]

Hmmm! Don’t use a bong.

[autumnraine]

This is ridiculous. The dissenting judge was right.

[familyop]

Ping.

We don't have work camps to clean up drug-addicted trash, but the meth criminals need to be put away from law abiding people.

[Re. "meth," see the rest of the article.]

"...liquid that tested positive for the presence of methamphetamine."

[Renegade]

Evaporator ?

[Mojave]

"The Supreme Court said that unambiguously counts as a drug "mixture" under the wording of state law..."

Dopers hate the actual law and want judges to invent their own laws from the bench.

[taillightchaser]

Thank you for your voice of reason.

[Repeal The 17th]

“I vas unly followink orders...”

[ErnBatavia]

The goofy ‘libertarian wing’ of FR just eats up on all this shit.

[cripplecreek]

Then take it up with the people who make the law.