Before the latest reform, Minnesota’s drug laws allowed authorities to treat bong water containing controlled substances as equivalent to possessing the undiluted drug itself. If a person was found with four ounces or more of such water, they could face the same severe penalties as someone possessing large quantities of pure narcotics. In extreme cases, this meant up to 30 years in prison and fines reaching $1 million.
The rationale behind the old law stemmed from a 2009 Minnesota Supreme Court decision. In that ruling, the court upheld the classification of bong water as a controlled substance mixture, opening the door for prosecutors to pursue high-level felony charges based on water used to smoke illegal drugs.
Key Change in the New Legislation
The reform was included in a broader judiciary and public safety bill signed by Governor Tim Walz. The new language clarifies that for criminal prosecution, a “drug mixture” no longer includes the liquid inside a bong or any controlled substance dissolved in that liquid.
This effectively ends the ability of law enforcement and courts to use bong water volume as a basis for felony-level drug charges. The amendment also applies retroactively to August 2023, when a broader drug paraphernalia reform came into effect.
Implications for Criminal Justice and Ongoing Cases
The policy change addresses long-standing criticisms about the state’s approach to drug-related offenses, particularly how it affected individuals with addiction issues. Critics argued that the old law disproportionately punished drug users rather than targeting trafficking or production.
The American Civil Liberties Union (ACLU) has been involved in challenging charges related to bong water possession. The retroactive nature of the law may now impact ongoing and past cases, potentially reducing charges or reversing convictions tied to bong water volume.
What This Means for Drug Reform in Minnesota
Minnesota’s latest move signals a shift toward more nuanced and rehabilitative approaches to drug policy. By removing the legal weight once assigned to bong water, lawmakers have closed a loophole that was often criticized for enabling overly harsh penalties against low-level users.
The change aligns with broader criminal justice reform trends in the state, focusing on fairness, harm reduction, and judicial discretion. It also sets a precedent that could influence how other states handle similar legal grey areas in their drug enforcement practices.