Bong Gone Wrong

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.