Last year, the Legislature decriminalized drug paraphernalia, even if it contains drug residue, marking a shift from punitive drug war tactics to a public health approach. However, an overlooked provision still treats bong water as a controlled substance, leading to severe charges for some.
On May 8, Jessica Beske, 43, of Fargo, was pulled over for speeding on Highway 59 in Polk County, Minnesota. Deputies, smelling marijuana, searched her car and found a bong, pipes, and a glass jar with a “crystal substance.” Residue on the paraphernalia tested positive for methamphetamine, as did the bong water, which weighed 8 ounces.
Despite having only paraphernalia with residue, Beske faces first-degree felony possession, carrying up to 30 years in prison and a $1,000,000 fine, due to the bong water. Under state law, 8 ounces of bong water equals 8 ounces of pure methamphetamine, surpassing the 50-gram threshold for a first-degree felony.
Beske’s car and $2,400 in cash were seized, suspected as proceeds of a drug offense, though she claims the money was casino winnings. The bong water law, stemming from a 2009 state Supreme Court case, considers bong water a “drug mixture,” enabling higher charges.
Critics argue the law’s intent is to distinguish users from dealers, but some prosecutors exploit it to impose harsher penalties. Beske’s case exemplifies the law’s harsh impact, which many see as outdated and unjust.