Despite the fact that Minnesota decriminalized drug paraphernalia last year, a woman who was pulled over by police in her automobile and found to have a bong containing water that tested positive for methamphetamine faces up to 30 years in jail.
The story demonstrates how some people are still impacted by the stricter regulations from the time of the “war on drugs.”
According to the Minnesota Reformer, Jessica Beske, of Fargo, North Dakota, was stopped by deputies in Polk County, Minnesota, while traveling on Highway 59. They said they smelled marijuana emanating from Beske’s vehicle.
According to the police, they found further drug paraphernalia in the 43-year-old’s car along with a bong and a glass jar with a “crystal substance.”
Beske stated that police discovered three items of drug paraphernalia that “tested positive for meth” in court records.
She went on to say that even though the water only contained trace amounts of material, she was charged with first-degree drug possession due to the weight of the “glass paraphernalia and bong water.”
Beske also requested in the statement that her car and $1,400 in casino winnings be given back to her because they were “not subject to forfeiture”.
In Minnesota, bong water is nevertheless considered a restricted substance because of an old legislation, even with the most recent decriminalization measures.
According to The Reformer, the regulation pertaining to bong water was drafted in response to the 2009 state supreme court case State v. Peck. The court decided that bong water should be taken into account for drug weights when determining fines since it might be regarded as a “drug mixture.”
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According to the Reformer, those found guilty of first-degree possession counts might get a sentence of up to 30 years in jail, a fine of $1 million, or both.
Beske claimed that when she initially viewed the charge sheet, she was taken aback to learn that she may be sentenced to such a long term in prison.
“All I could see was [the possibility of] 30 to 40 years. And I couldn’t speak, I couldn’t breathe,” Beske stated.
She continued by saying that, given Minnesota’s decriminalization of drug paraphernalia, she believed the possible punishment to be a “mistake.”
However, she discovered the source of the bong water law after conducting some study and observed the legislative session during which it was passed.
Regarding the session, she remarked, “They didn’t even discuss it at all. They just pushed it through. Nobody’s even thinking about whose lives are affected by this.”
Beske expressed her hope that the legislation will change and said she was currently working with a lawyer to help her manage the exceptional penalty.
“It’s just so wrong that I just have to hold hope that this is going to change the law, hopefully,” Beske stated. “I don’t want anybody else to have to have to go through this.”
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