Minnesota Ends Criminal Penalties for Bong Water Possession

Minnesota has taken a significant step in drug law reform by passing a judiciary and public safety bill that decriminalizes bong water, a provision set to be signed by Governor Tim Walz. Previously, under a 2009 Minnesota Supreme Court ruling, possessing more than four ounces of bong water could be treated as possession of the pure drug, potentially leading to severe felony charges including up to 30 years in prison and a $1 million fine. The new law redefines drug mixtures to exclude the fluid used in water pipes, preventing prosecutors from charging individuals based on the weight of bong water alone, and this change applies retroactively to August 2023. Alicia Granse of the ACLU of Minnesota praised the bill for closing a loophole that allowed excessive criminal penalties for people using bongs, describing the prior law as akin to charging someone for the entire weight of a beer bottle filled with cigarette butts. The reform aligns Minnesota with a more rational approach to drug paraphernalia and supports ongoing efforts to roll out recreational marijuana, including plans for retail dispensaries. This legislative change reflects a broader recognition of the need to focus criminal penalties on behavior rather than arbitrary measures like the weight of bong water.