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InvisibleDr. SiekadellykM
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Minnesota court rules bong water an illegal drug.
    #303966 - 10/26/09 09:53 AM (14 years, 5 months ago)

Found @ Shroomery
Quote:

Drizzt396 said:
Quote:

Original Article

MINNEAPOLIS ? In Minnesota, bong water can count as an illegal drug.

That decision from Minnesota's Supreme Court on Thursday raises the threat of longer sentences for drug smokers in that state who fail to dump the water out of bong ? a type of water pipe often used to smoke drugs

The court said a person can be prosecuted for a first-degree drug crime for 25 grams or more of bong water that tests positive for a controlled substance.

Lower courts had held that bong water is drug paraphernalia. Possession of that is a misdemeanor crime.

The case involved a woman whose bong had about 2 1/2 tablespoons of liquid that tested positive for methamphetamine. A narcotics officer had testified that drug users sometimes keep bong water to drink or inject later.




Not too sure if this has been posted, I haven't been surfin the news feeds for awhile...




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Quote:


http://reason.com/blog/2009/10/28/seven-years-for-bong-water

Seven Years for Bong Water
Jacob Sullum | October 28, 2009

Last week the Minnesota Supreme Court ruled that bong water is an illegal drug. Under state law, a controlled substance includes any "mixture" containing that substance, "regardless of purity." The consequences of reading that definition literally can be severe. In the case before the court, a woman whose bong contained 37 grams of water with traces of methamphetamine will now be treated as if she possessed 37 grams of speed, which converts possession of drug paraphernalia, a petty misdemeanor punishable by a $300 fine, into a a first-degree drug offense, punishable by seven or more years in prison. Three dissenting justices wrote that the majority's interpretation of the statute "misapplies the plain-meaning rule...runs counter to the legislative structure of our drug laws, does not make common sense, and borders on the absurd."

This sort of absurdity has a long pedigree. Back in 1993, I wrote a piece for Reason in which I highlighted the ridiculously unjust results of including the "carrier medium" for LSD (typically blotter paper) in calculating the drug's weight for sentencing purposes:

    Under federal sentencing guidelines, selling 100 doses of LSD in pure form triggers a minimum sentence of less than a year, but selling the same amount on paper will get you a sentence of at least two years, three months. And if you were old-fashioned enough to drop your acid onto sugar cubes, you will end up behind bars for no less than 15 years, eight months.

Like the Minnesota ruling, this interpretation of the law elicited amazed dissents. "All this seems crazy," the 7th Circuit's Richard Posner wrote in 1990. "To base punishment on the weight of the carrier medium makes about as much sense as basing punishment on the weight of the defendant." The arbitrary, incomplete fix that the U.S. Sentencing Commission devised for that problem?counting each dose in a carrier medium as 0.4 milligram to avoid "unwarranted disparity among offenses involving the same quantity of actual LSD"?is still in force, to judge by this 2006 sentencing manual (PDF). Many states also include "mixtures" in their definitions of illegal drugs; the earliest example I found was New York in 1969.

Rereading that 1993 article, I was also struck by the discussion of the disparity in sentences between crack and cocaine powder:

    Julie Stewart, president of Families Against Mandatory Minimums, says the Sentencing Commission's proposed LSD amendment will probably take the pressure off Congress. Especially if the change is retroactive, the families of LSD defendants will be less noisy, and judges will find the sentences they're forced to impose less disturbing.

    Stewart is more optimistic about the possibility of a legislative solution for crack offenders. Federal law treats crack cocaine as if it were 100 times worse than the powdered form of the drug, cocaine hydrochloride. Thus 500 grams of crack triggers the same penalty as 50 kilograms of cocaine hydrochloride. A first-time offender with 20 grams of cocaine hydrochloride faces a minimum sentence of 10 months, while a first-time offender with 20 grams of crack faces a minimum of six years, six months.

As I noted a couple weeks ago, it looks like the remedy that Stewart was optimistic about 16 years ago is finally coming to pass.






:nonono:

Edited by Dr. Siekadellyk (10/28/09 03:26 PM)

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OfflineNobodyImportant
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Re: Minnesota court rules bong water an illegal drug. [Re: Dr. Siekadellyk]
    #303968 - 10/26/09 10:06 AM (14 years, 5 months ago)

"A narcotics officer had testified that drug users sometimes keep bong water to drink or inject later."


Thats bulllshit, who is going to inject fucking bong water into themselves, even if it has a little meth residue in it :facepalm:


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OfflineTHEBats
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Re: Minnesota court rules bong water an illegal drug. [Re: NobodyImportant]
    #303975 - 10/26/09 10:54 AM (14 years, 5 months ago)

Quote:

NobodyImportant said:
"A narcotics officer had testified that drug users sometimes keep bong water to drink or inject later."


Thats bulllshit, who is going to inject fucking bong water into themselves, even if it has a little meth residue in it :facepalm:




Yeah sometimes a wonder just what the fuck these people are thinking.  Clearly just pulling shit out of their ass.


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kickin-two-hundo said:
you know what i did in english class? I came to class stoned out of my mind every day, i chugged vodka in the back of class, i put dead fish in the ceiling tiles. i put a gallon of old milk and orange juice in the file cabinet before winter vacation. i brought snakes in a tied up sweater and let them loose during class. i didnt go to school to learn, i went because i had to. i didnt care, and i didn't fucking listen to that stupid bitch. and i still don't fucking care. i tore the pages out of her books and burned them, and threw away all the books in the class, two books per day.  :twobooks:

Edited by THEBats (10/26/09 10:55 AM)

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InvisibleFarBeyondDriven
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Registered: 04/22/08
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Re: Minnesota court rules bong water an illegal drug. [Re: THEBats]
    #303977 - 10/26/09 10:56 AM (14 years, 5 months ago)

youve gotta be fuckin kidding me dude. i have never heard of people injecting bong water. maybe drink it once on a drunk dare (not me)

anybody know where i can get a quarter of some dank ass bong water? :awedance:


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OfflineNobodyImportant
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Re: Minnesota court rules bong water an illegal drug. [Re: FarBeyondDriven]
    #303985 - 10/26/09 11:17 AM (14 years, 5 months ago)

Quote:

FarBeyondDriven said:
youve gotta be fuckin kidding me dude. i have never heard of people injecting bong water. maybe drink it once on a drunk dare (not me)

anybody know where i can get a quarter of some dank ass bong water? :awedance:




yeah but my guy only takes credit cards, that straight :braindamage:


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OfflineTHEBats
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Re: Minnesota court rules bong water an illegal drug. [Re: NobodyImportant]
    #303989 - 10/26/09 11:27 AM (14 years, 5 months ago)

no matter they certainly weren't drinking bong water to get high.


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kickin-two-hundo said:
you know what i did in english class? I came to class stoned out of my mind every day, i chugged vodka in the back of class, i put dead fish in the ceiling tiles. i put a gallon of old milk and orange juice in the file cabinet before winter vacation. i brought snakes in a tied up sweater and let them loose during class. i didnt go to school to learn, i went because i had to. i didnt care, and i didn't fucking listen to that stupid bitch. and i still don't fucking care. i tore the pages out of her books and burned them, and threw away all the books in the class, two books per day.  :twobooks:

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Offlinebobby
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Re: Minnesota court rules bong water an illegal drug. [Re: THEBats]
    #303991 - 10/26/09 11:38 AM (14 years, 5 months ago)

yeaaaa that's pretty stupid! Does bong water even get u high?lol. Bong water smells HORRID! good i hate spilling that shit on my carpet. gotta use a shat load of baking soda to get the smell out. And i've never heard of anyone smoking meth otta a bong but then again the only thing i smoke and know bout is herb.


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InvisibleInverted
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Re: Minnesota court rules bong water an illegal drug. [Re: bobby]
    #303992 - 10/26/09 11:43 AM (14 years, 5 months ago)

Wow, suprised I didn't see this.  Hmm well considering we have some of the most relaxed MJ laws I'm pretty sure this will never fly...


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OfflineNobodyImportant
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Re: Minnesota court rules bong water an illegal drug. [Re: Inverted]
    #304008 - 10/26/09 12:21 PM (14 years, 5 months ago)

But it already flew  :doggull:


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InvisibleFarBeyondDriven
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Re: Minnesota court rules bong water an illegal drug. [Re: NobodyImportant]
    #304012 - 10/26/09 12:23 PM (14 years, 5 months ago)

Quote:

NobodyImportant said:
Quote:

FarBeyondDriven said:
youve gotta be fuckin kidding me dude. i have never heard of people injecting bong water. maybe drink it once on a drunk dare (not me)

anybody know where i can get a quarter of some dank ass bong water? :awedance:




yeah but my guy only takes credit cards, that straight :braindamage:





ill be there in 20


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InvisibleInverted
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Re: Minnesota court rules bong water an illegal drug. [Re: NobodyImportant]
    #304026 - 10/26/09 12:48 PM (14 years, 5 months ago)

Quote:

NobodyImportant said:
But it already flew  :doggull:




What i'm saying is nobody will actually get charged for this... Are you serious?  They rarely even charge for personal, and that's just a ticket, like a speeding ticket.


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Don't criticize what you can't understand

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OfflineTHEBats
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Re: Minnesota court rules bong water an illegal drug. [Re: Inverted]
    #304029 - 10/26/09 12:54 PM (14 years, 5 months ago)

Just the fact they could though is cause for concern.


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kickin-two-hundo said:
you know what i did in english class? I came to class stoned out of my mind every day, i chugged vodka in the back of class, i put dead fish in the ceiling tiles. i put a gallon of old milk and orange juice in the file cabinet before winter vacation. i brought snakes in a tied up sweater and let them loose during class. i didnt go to school to learn, i went because i had to. i didnt care, and i didn't fucking listen to that stupid bitch. and i still don't fucking care. i tore the pages out of her books and burned them, and threw away all the books in the class, two books per day.  :twobooks:

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OfflineNobodyImportant
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Re: Minnesota court rules bong water an illegal drug. [Re: THEBats]
    #304030 - 10/26/09 01:00 PM (14 years, 5 months ago)

Didnt the woman the article is based on get charged ?


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Glass By: US Tubes, ZOB, Roor.de, Sheldon Black, Jerome Baker, Medicali, Kennaroo, Sand, Alex K, Local and Unknown Artists

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OfflineSmOakland
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Re: Minnesota court rules bong water an illegal drug. [Re: NobodyImportant]
    #304060 - 10/26/09 02:22 PM (14 years, 5 months ago)

I would not be so sure.  The bong water in question had speed in it, and tweakers will go through some serious bullshit to not come down sometimes.

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Re: Minnesota court rules bong water an illegal drug. [Re: SmOakland]
    #304129 - 10/26/09 05:58 PM (14 years, 5 months ago)

The only reason she was charged, and the only reason this occurred at all, is in the instance of other drug residue collecting and not cannabis bong water.

I'm pretty sure they wouldn't do a DAMN thing if it was just regular ole bong water.

If it was used to smoke meth/crack/dmt etc etc then yes I believe they will actually go through with a charge, whether or not it gets thrown out or goes through will be yet to be seen.

The moral of the story is, MN rocks and only crackheads and tweakers have anything to worry about, which they generally do anyways! :paranoid:


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InvisibleFurrowedBrowM
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Re: Minnesota court rules bong water an illegal drug. [Re: Inverted]
    #304169 - 10/26/09 06:56 PM (14 years, 5 months ago)

This decision isn't surprising in the least bit.  it's sad that they'd take the charge up to the high court though.  If the bong water has thc in it and i have it in my hand or car or home its in my possession.  so the legal decision makes sense.  I wouldn't have thought MN would be lax on enforcement.  I am in the process for applying for a job that might place me in St. paul.  too fucking cold though.


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InvisibleTriptonic
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Re: Minnesota court rules bong water an illegal drug. [Re: Inverted]
    #304174 - 10/26/09 07:12 PM (14 years, 5 months ago)

Quote:

Inverted said:
The only reason she was charged, and the only reason this occurred at all, is in the instance of other drug residue collecting and not cannabis bong water.

I'm pretty sure they wouldn't do a DAMN thing if it was just regular ole bong water.

If it was used to smoke meth/crack/dmt etc etc then yes I believe they will actually go through with a charge, whether or not it gets thrown out or goes through will be yet to be seen.

The moral of the story is, MN rocks and only crackheads and tweakers have anything to worry about, which they generally do anyways! :paranoid:



I dont know man they seem to have the same laws as Iowa, and depending on where you are in Minnesota the laws are worse than Iowa. Especially in Mankato. The cops there are the worst I have ever seen.

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InvisibleMagashM
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Re: Minnesota court rules bong water an illegal drug. [Re: Triptonic]
    #304227 - 10/26/09 08:45 PM (14 years, 5 months ago)

WHAT !!!!!  you guys have never heard of the old bong water in the jugular with a 20 cc syringe. COMON !!!

Actually the most fucked up thing I've done to somebody while getting high is I was getting high with two friends and one of them had never used a bong. Myself and the other guy who had bong experience start to argue over who gets to drink the bong water of course all this being bullshit cause we were just baiting our friend and he fell for it. He says "well I've never tried it and it's my first time" bingo we had em.
Kind of backfired on us dude threw up for four hours. :omgawesome:


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All creatures tremble when faced with violence. All creatures fear death, all love life. If we can only see ourselves in others, then how could we possibly hurt another creature?


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InvisibleTriptonic
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Re: Minnesota court rules bong water an illegal drug. [Re: Magash]
    #304228 - 10/26/09 08:47 PM (14 years, 5 months ago)

One more post magash! 1000!!!!!!

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InvisibleMagashM
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Re: Minnesota court rules bong water an illegal drug. [Re: Triptonic]
    #304230 - 10/26/09 08:50 PM (14 years, 5 months ago)

Since you noticed and I didn't my 1000 post is dedicated to you. :happyweed::getstoned:


--------------------
All creatures tremble when faced with violence. All creatures fear death, all love life. If we can only see ourselves in others, then how could we possibly hurt another creature?


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