The D'Alliance: Personal Views on Drug Policy

Always Clean Out Your Bong

Sunday, October 25, 2009

To counterbalance a more enlightened federal policy toward patients and suppliers of medical marijuana, Minnesota's highest court ruled (don't think I've linked to Fox News before) that those who possess bong water can be prosecuted for possessing a narcotic mixture.

A Minnesota woman can be charged for a controlled substance, a first-degree drug crime (25 grams or more of a controlled substance), by possessing 37 grams -- about 2.5 tablespoons -- of bong water that tested positive for methamphetamine.

The decision effectively reverses two lower court rulings that found that charging Sara Peck with 37 grams of methamphetamine-laced water as a first-degree narcotic possession is pretty much crap. The high court (pun very much intended -- although I know plenty of people that make better decisions while high) found that since the drug water counts as a "mixture" under state law, meaning "a preparation, compound, mixture, or substance containing a controlled substance, regardless of purity", Peck can be charged with the higher offense that carries a possible sentence of 7 years 2 months, while a possession of drug paraphernalia carries a $300 fine and a petty misdemeanor conviction that would not be on her record. A narcotics officer testified that drug users sometimes drink or inject the bong water (I really don't know if this is the case for people who use meth, but it doesn't seem realistic).

This decision ushers in the possibility of extracting plea deals by trumping up drug charges. It also, more disturbingly, expands the possibilities of what warrants a drug indictment. Would my blood, since it may contain controlled substances, be subject to supoena? Or my urine? If I set foot on Minnesotan soil, will police be waiting at the baggage gate to arrest my bladder?

This is a clearly terribly worded penal provision, that acts as a exploitative tool by unhinged prosecutors that seek to pile on charges to get convictions. It also may realize the possibility that those who violate parole or probation with a dirty urine could then be charged with possessing a narcotic "mixture".

This is a teaching moment for hygiene: 1) always make sure your bong is clean and 2) pee frequently!


I think we all are SOL regarding the blood issue.