A woman in Minnesota could face up to 30 years in prison after police found a bong with water that tested positive for methamphetamine in her car. This is despite Minnesota decriminalizing drug paraphernalia last year.
This case highlights how some people are still affected by old, harsh drug laws.
Jessica Beske from Fargo, North Dakota, was stopped by police in Polk County, Minnesota, on Highway 59. Officers reportedly smelled marijuana in her car, leading to a search, according to the Minnesota Reformer.
Police claim they found a bong, a glass container with a “crystal substance,” and other drug paraphernalia in Beske’s car. Court documents show Beske wrote that police found three items that tested positive for meth. She was charged with first-degree drug possession based on the weight of the “glass paraphernalia and bong water,” even though the water only had tiny amounts of the substance.
Beske also asked for her car and $1,400 in casino winnings to be returned, arguing they shouldn’t be forfeited.
Despite new decriminalization laws, Minnesota still treats bong water as a controlled substance because of a 2009 state supreme court case, State v. Peck. The court decided bong water could be counted as a “drug mixture” for penalties.
Those convicted of first-degree possession can face up to 30 years in prison, a $1 million fine, or both, according to the Reformer. The Polk County attorney’s office did not comment on the case.
Beske was shocked by the potential prison time when she saw her charges. She thought it was a mistake, given the decriminalization of drug paraphernalia. However, she learned about the bong water law and saw that it was passed without much discussion.
“Nobody’s even thinking about whose lives are affected by this,” she said.
Beske is now working with a lawyer and hopes the law will change. “It’s just so wrong that I just have to hold hope that this is going to change the law, hopefully,” she said. “I don’t want anybody else to have to go through this.”