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InvisibleLobsterSauce
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Registered: 11/09/08
Posts: 19,306
Get your official facepalm right here!: Minnesota Court Rules Bong Water Illegal.
    #11316162 - 10/25/09 03:35 AM (8 years, 8 months ago)

http://current.com/1f00i4c

MINNEAPOLIS  —  Bong water can count as a controlled substance, the Minnesota Supreme Court ruled Thursday in a decision that raises the threat of longer sentences for drug smokers who fail to dump the water out of their pipes.

In a 4-3 decision Thursday, the state's highest 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.

The decision, which reverses two lower court rulings, came in the case of Sara Peck. Items seized during a search of her Rice County home in 2007 included a glass bong — a type of water pipe often used to smoke drugs — that contained 37 grams — about 2 1/2 tablespoons — of a liquid that tested positive for the presence of methamphetamine.

The Supreme Court said that unambiguously counts as a drug "mixture" under the wording of state law and sent the case back to Rice County District Court for further proceedings. The decision, authored by Justice G. Barry Anderson, noted that the liquid wasn't plain clear water, but had a pink color and fruity odor, and that a narcotics officer had testified that drug users sometimes keep bong water to drink or inject later.


The statute defines a drug "mixture" as "a preparation, compound, mixture, or substance containing a controlled substance, regardless of purity." When the language of a statute is unambiguous, the high court said, precedents prohibit courts from disregarding the letter of the law under the pretext of pursuing the letter of the law.

In a sharply worded dissent, Justice Paul Anderson said the majority's decision "does not make sense, and borders on the absurd." He said it isn't consistent with what the Legislature intended when it wrote the state's drug laws. And he blasted Rice County authorities for charging Peck with such a serious crime.

If bong water is considered a drug mixture, and it weighs enough to raise the crime to a first-degree drug offense, the presumed sentence for a first-time offender is seven years and two months in prison, and a felony drug offense goes on his or her record, Paul Anderson wrote.

But if the bong water is treated as part of the drug paraphernalia, as the lower courts held, he wrote, the same defendant would face no more than a $300 fine and the petty misdemeanor conviction would not go on his or her record.

Justices Alan Page and Helen Meyer joined in Paul Anderson's dissent.

Attorney Bradford Delapena, who represents Peck, said he had not yet had a chance to discuss the ruling with her, but he said the dissent correctly pointed out the problems the ruling raises.

"They're treating Ms. Peck, who had two tablespoons of bong water, as if she were a major drug wholesaler," he said.

Delapena said Peck's case now goes back to the trial court, where he said prosecutors could use the ruling to try to extract a guilty plea to a more serious offense with a stiffer sentence than a $300 fine on a petty misdemeanor. He laughed at the suggestion that it means dope smokers should empty their bongs promptly.

"I wouldn't presume to draw that lesson," he said. "I would just stick with the legal lessons."


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Invisibleelementswrath
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Registered: 08/04/09
Posts: 5,276
Loc: suiciety Flag
Re: Get your official facepalm right here!: Minnesota Court Rules Bong Water Illegal. [Re: LobsterSauce]
    #11316170 - 10/25/09 03:37 AM (8 years, 8 months ago)

:facepalm:x 9000


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InvisibleHendostan
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Registered: 07/18/04
Posts: 4,441
Re: Get your official facepalm right here!: Minnesota Court Rules Bong Water Illegal. [Re: LobsterSauce]
    #11316192 - 10/25/09 03:41 AM (8 years, 8 months ago)

i will never stop drinking my bongwater!!!!!



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OfflineIndubitably
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Registered: 10/20/09
Posts: 301
Last seen: 8 years, 8 months
Re: Get your official facepalm right here!: Minnesota Court Rules Bong Water Illegal. [Re: Hendostan]
    #11316199 - 10/25/09 03:42 AM (8 years, 8 months ago)

Meth pipes with resin is a felony this is no surprise.


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Invisibleniteowl
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Registered: 07/01/03
Posts: 16,291
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Re: Get your official facepalm right here!: Minnesota Court Rules Bong Water Illegal. [Re: Indubitably]
    #11316269 - 10/25/09 03:54 AM (8 years, 8 months ago)

Any pipe with drug residue in it's a felony
don't see why bong water would be any different

nothing new here

move along
move along


--------------------
Live for the moment you are in now
Don't be bogged down by your past
Don't be afraid of what lies in your future


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OfflineIndubitably
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Registered: 10/20/09
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Re: Get your official facepalm right here!: Minnesota Court Rules Bong Water Illegal. [Re: niteowl]
    #11316281 - 10/25/09 03:56 AM (8 years, 8 months ago)

Even a used syringe can count.


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Invisibleniteowl
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Registered: 07/01/03
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Re: Get your official facepalm right here!: Minnesota Court Rules Bong Water Illegal. [Re: Indubitably]
    #11316324 - 10/25/09 04:05 AM (8 years, 8 months ago)

anything that has illegal drugs in it is a felony
pipe, bong, syringe, ashtray.......anything


--------------------
Live for the moment you are in now
Don't be bogged down by your past
Don't be afraid of what lies in your future


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Invisiblevinsue
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Registered: 02/17/04
Posts: 16,375
Loc: The Garden State(NJ) Flag
Re: Get your official facepalm right here!: Minnesota Court Rules Bong Water Illegal. [Re: LobsterSauce]
    #11316333 - 10/25/09 04:07 AM (8 years, 8 months ago)

Quote:

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


... Never in my life have I thought about doing that. Shooting bong water?:foreheadslap:


--------------------

"All mushrooms are edible; but some only once." Croatian proverb. BTW ...
  Have You Rated Ythans Mom Yet ?? ... :taser:  ... HERE'S HOW ... (be nice) .  :mod: ... :peace:


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InvisibleLobsterSauce
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Registered: 11/09/08
Posts: 19,306
Re: Get your official facepalm right here!: Minnesota Court Rules Bong Water Illegal. [Re: vinsue]
    #11316338 - 10/25/09 04:08 AM (8 years, 8 months ago)

Quote:

vinsue said:
Quote:

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


... Never in my life have I thought about doing that. Shooting bong water?:foreheadslap:




:rofl2:

I didn't read all of it.


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Invisibleelementswrath
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Registered: 08/04/09
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Re: Get your official facepalm right here!: Minnesota Court Rules Bong Water Illegal. [Re: niteowl]
    #11316344 - 10/25/09 04:09 AM (8 years, 8 months ago)

Quote:

niteowl said:
anything that has illegal drugs in it is a felony
pipe, bong, syringe, ashtray.......anything




so i am a contraband if i smoke a joint?
AWESOME!!! my blood is illegal.

nah really, legalize drugs.


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Invisibleelementswrath
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Registered: 08/04/09
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Re: Get your official facepalm right here!: Minnesota Court Rules Bong Water Illegal. [Re: niteowl]
    #11316346 - 10/25/09 04:10 AM (8 years, 8 months ago)

Quote:

niteowl said:
anything that has illegal drugs in it is a felony
pipe, bong, syringe, ashtray.......anything




so i am a contraband if i smoke a joint?
AWESOME!!! my blood is illegal.


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OfflineMorgenstern
it's hot as hell

Registered: 06/07/09
Posts: 6,391
Loc: Flag
Last seen: 5 days, 21 hours
Re: Get your official facepalm right here!: Minnesota Court Rules Bong Water Illegal. [Re: LobsterSauce]
    #11316351 - 10/25/09 04:11 AM (8 years, 8 months ago)

LOL, inject and drink?

Holy fucking facepalm.

:facepalm:


--------------------
Reviving the ancient future's religion.



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Offlinekaste
six-nine power slider
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Registered: 12/29/08
Posts: 2,401
Loc: Latvia Flag
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Re: Get your official facepalm right here!: Minnesota Court Rules Bong Water Illegal. [Re: Morgenstern]
    #11316379 - 10/25/09 04:19 AM (8 years, 8 months ago)

Drink bong water? Bong water is in my TOP5 most disguisting smelling things. And I reckon it would taste like ass too.


--------------------


It could be worse. A woman could cut off your penis while you're sleeping and toss it out the window of a moving car.


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Invisiblemuistrue
Inspired by the mystery
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Registered: 03/20/05
Posts: 12,850
Loc: Behind the Redwoods
Re: Get your official facepalm right here!: Minnesota Court Rules Bong Water Illegal. [Re: kaste]
    #11316387 - 10/25/09 04:23 AM (8 years, 8 months ago)

Quote:

kaste said:
Drink bong water? Bong water is in my TOP5 most disguisting smelling things. And I reckon it would taste like ass too.




Yeah that's why we inject it like the officer said. :lol:


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Invisibleelementswrath
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Registered: 08/04/09
Posts: 5,276
Loc: suiciety Flag
Re: Get your official facepalm right here!: Minnesota Court Rules Bong Water Illegal. [Re: elementswrath]
    #11316392 - 10/25/09 04:25 AM (8 years, 8 months ago)

Quote:

elementswrath said:
Quote:

niteowl said:
anything that has illegal drugs in it is a felony
pipe, bong, syringe, ashtray.......anything




so i am a contraband if i smoke a joint?
AWESOME!!! my blood is illegal.




maybe i should also suck out some of my drug blood in case i wants to get high later, just as logical as bong water injection if you ask me.
where are my syringes?.


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OfflineWysefool
I AM SKELETON JELLY
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Registered: 12/26/02
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Re: Get your official facepalm right here!: Minnesota Court Rules Bong Water Illegal. [Re: muistrue]
    #11316394 - 10/25/09 04:25 AM (8 years, 8 months ago)

They're mostly talking about meth bongs though


--------------------
GET MAD SWAG MONEY BIG PIMPIN


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OfflineMorgenstern
it's hot as hell

Registered: 06/07/09
Posts: 6,391
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Re: Get your official facepalm right here!: Minnesota Court Rules Bong Water Illegal. [Re: LobsterSauce]
    #11316418 - 10/25/09 04:33 AM (8 years, 8 months ago)

This is even worse than the retard that asked if it was smart to put mushrooms in his bong water while smoking.


--------------------
Reviving the ancient future's religion.



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Invisibleelementswrath
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Registered: 08/04/09
Posts: 5,276
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Re: Get your official facepalm right here!: Minnesota Court Rules Bong Water Illegal. [Re: Morgenstern]
    #11316428 - 10/25/09 04:35 AM (8 years, 8 months ago)

Quote:

Mataspore said:
This is even worse than the retard that asked if it was smart to put mushrooms in his bong water while smoking.




i have seen that thread, what a LOLofactory.
makes me laugh how common sense fails some people.


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Invisiblevinsue
Grand Old Fart
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Registered: 02/17/04
Posts: 16,375
Loc: The Garden State(NJ) Flag
Re: Get your official facepalm right here!: Minnesota Court Rules Bong Water Illegal. [Re: Morgenstern]
    #11316434 - 10/25/09 04:36 AM (8 years, 8 months ago)

...Or injecting spores(into a vein, not a jar)...:foreheadslap:


--------------------

"All mushrooms are edible; but some only once." Croatian proverb. BTW ...
  Have You Rated Ythans Mom Yet ?? ... :taser:  ... HERE'S HOW ... (be nice) .  :mod: ... :peace:


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Invisiblesmack
Observer
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Registered: 08/06/09
Posts: 5,600
Loc: Land of the Ice and Snow Flag
Re: Get your official facepalm right here!: Minnesota Court Rules Bong Water Illegal. [Re: vinsue]
    #11316487 - 10/25/09 04:55 AM (8 years, 8 months ago)

Quote:

vinsue said:
...Or injecting spores(into a vein, not a jar)...:foreheadslap:



I'm pretty sure the guy was baked and was wonderin if you hand could host a good amount of psilocybin.


--------------------
14:31


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