Great moments in drug enforcement law

Counting the weight of water in reaching for maximum penalties: “The Minnesota Supreme Court, in a 4-3 decision, has now ruled that Bong Water (water which had been used in a water pipe) was a ‘mixture’ of ’25 grams or more’ supporting a criminal conviction for Controlled Substance crime in the first degree.” [Minneapolis Criminal Lawyer via Greenfield] More: Sullum.


  • And to think that just a few years ago campaigns to ban possession of water were the province of Internet satire.

  • Gee, its almost like you shouldn’t do drugs or something.

    Seriously, i could care less about unfairness to potheads. why we pretend this is a serious issue is beyond me.

  • They do the same thing when they find marijuana plants or opium poppies. They uproot the plants and weigh them, clinging dirt and all, to determine penalties.

    And, A.W., I hope someone breaks both your legs just because he didn’t like your looks. Seriously, I could care less about unfairness to assholes or trolls.

  • Would the law apply to a “Bong Hits 4 Jesus”?

  • True story – People in the methadone program sometimes vomit after ingesting their daily dose and then other addicts, who can’t get into the program, will drink up the puke.

    So, in Minnesota, that puke would probably qualify as contraband.

  • Thanks for mentioning my blog article about this, on Minneapolis Criminal Law News. I’d like to add to the discussion so far that the Minnesota Supreme Court’s decision in the Peck case (see link to the decision is on my blog article: ) was a 4-3 split decision. The dissenters noted that the majority opinion “borders on the absurd.” My, aren’t those dissenters polite? “Borders…?

    This blog article highlights they key problem – making water weight the basis for long prison terms is absurd. There seem to be so many other issues that could arise in such unjust cases – criminal intent being another. For example, the drugs in the water supply that you now possess in your home – trace amount yes, fair no. Are you now a criminal? Luck.