Bong Water Criminal Penalties Ended with New Minnesota Bill

Minnesota Governor Tim Walz recently signed into law a judiciary and public safety bill. The new legislation included conditions that would end criminal penalties regarding bong water (1,2). The Minnesota Reformer mentioned that (2), “Under current law, quantities of bong water greater than four ounces can be treated like the pure, uncut version of whatever substance the bong was used to smoke. That can lead to massive criminal penalties: 4 ounces of bong water used to consume methamphetamine, for instance, can trigger a first-degree felony charge carrying up to 30 years in prison and a $1 million fine.”

The new bills’ conditions now states that a drug mixture (1-3), “does not include the fluid used in a water pipe or any amount of a controlled substance that is dissolved in the pipe’s fluid.”

“The ACLU-MN is glad to see the legislature fixed this loophole that allowed rogue prosecutors to put people suffering from addiction in prison for smoking drugs out of a bong,” Alicia Granse of the American Civil Liberties Union, which is representing in court Jessica Beske, who is currently charged with first-degree drug charges in relation to bong water (1,2). “Ms. Beske and others like her can no longer be subjected to this cruel and unusual treatment.”

“Counting dirty bong water as pure drugs is like counting a beer bottle full of backwash and cigarette butts as 80-proof whiskey,” said Bruce Ringstrom Jr., another attorney that is representing Beske (2,4). “Sending helpless addicts to prison for having dirty bong water takes up prison space that should be used for actually dangerous offenders.”

In 2009, the State of Minnesota Supreme Court (1,2,5), decided that bong water would be able to be “legally considered a drug” (1). This was following the testimony of Minnesota State Patrol Trooper Douglas Rauenhorst, who stated that bong water was able to be saved “for future use . . . either drinking it or shooting it in the veins.” Additionally, Rauenhorst testified that he had “actual knowledge of narcotics users consuming water with methamphetamine,” (5).

With the new legislation signed into law by Governor Walz, provides an update to drug legislation in the state.

References

1. Branfalt, T. Minnesota ends criminal penalties for Bong Water - Ganjapreneur https://www.ganjapreneur.com/minnesota-ends-criminal-penalties-for-bong-water/ (accessed May 22, 2025).
2. Ingraham, C. At long last, Minnesota has decriminalized Bong Water https://minnesotareformer.com/2025/05/20/at-long-last-minnesota-has-decriminalized-bong-water/ (accessed May 22, 2025).
3. https://www.revisor.mn.gov/bills/text.php?number=HF2432&type=ccr&session=ls94&version=0&format=pdf (accessed May 22, 2025).
4. Ingraham, C. New bill would clarify that used Bong water is not actually a drug • minnesota reformer https://minnesotareformer.com/2025/02/28/new-law-would-clarify-that-used-bong-water-is-not-actually-a-drug/ (accessed May 22, 2025).
5. https://mn.gov/law-library-stat/archive/supct/0910/OPA080579-1022.pdf (accessed May 22, 2025).