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Minnesota ends criminal penalties for bong water

The bill was signed into law by Minnesota Governor Tim Walz. Tim Walz signed a bill over the weekend that included provisions to end criminal penalties for using bongwater. Minnesota Reformer reports. Previously, quantities of bong water greater than four ounces could be treated like the pure version of whatever substance the bong was used to smoke – 4 ounces of bong water used to consume methamphetamine, for example, could lead to a first-degree felony charge carrying a 30-year prison term and $1 million fine.  

In the Walz bill, this provision was removed and it is now stated that, in order to charge for a mixture of drugs, “a drug does not include any fluid that’s been used in a pipe, or any controlled substance dissolved within the fluid.” The change applies retroactively to August 2023 – a broader drug paraphernalia bill that took effect at that time. 

Alicia Granse from the American Civil Liberties Union told The Reformer her organization was “glad to see that this loophole has been closed, which would have allowed rogue prosecutors and drug addicts to be sent to prison because they smoked drugs in a bong.” 

The state Supreme Court ruled in 2009 that bong water could be legally considered a drug, relying on the testimony of a Minnesota State Patrol officer who claimed bong water could be kept “for future use… either drinking it or shooting it in the veins.”

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