Jessica Beske, a 43-year-old woman from North Dakota, was arrested and charged with first-degree possession of a controlled substance after police found a bong with traces of methamphetamine residue in her car during a traffic stop in Polk County, Minnesota. Beske was pulled over for speeding on May 8, and police searched her car after smelling marijuana. They discovered the bong, along with other drug paraphernalia such as a glass jar containing “crystal substances” and pipes. Despite claiming she didn’t have any drugs on her, Beske could face up to 30 years in prison, a $1 million fine, or both.
Drug paraphernalia possession was decriminalized in Minnesota in August of the previous year, even in cases where drug residue is found on the paraphernalia, in an effort to support harm-reduction and aid individuals dealing with addiction to safely recover. However, a 2009 court ruling declared that bong water could be treated as a controlled substance under state law, which was not accounted for in the decriminalization law. This means that individuals caught with enough bong water containing drug residue in Minnesota can still face severe penalties, despite efforts to address the issue legislatively.
Advocates have highlighted the record-high drug overdose deaths reported in Minnesota in 2021, with 1,286 deaths attributed to fentanyl. This underscores the importance of supporting harm-reduction strategies and providing resources for individuals struggling with addiction. Despite this, the legal complexities surrounding bong water in the state present challenges for individuals like Beske, who may face significant consequences for possession of drug paraphernalia with traces of a controlled substance.
Bong water is not consumed but instead remains at the bottom of the smoking device to cool and purify the smoke that is inhaled, making it an unexpected substance to be treated as a controlled substance under state law. Beske expressed her frustration with the charges in an interview, arguing that it defied common sense to face such severe penalties for possession of paraphernalia with residue but no actual drugs. The lack of clarification and consistency in the law regarding bong water adds a layer of complexity to Beske’s case and others like it.
The Polk County Sheriff’s Office and the Polk County Attorney’s Office did not provide immediate responses to inquiries about Beske’s case, leaving questions about the enforcement and interpretation of drug laws in Minnesota unanswered. The case highlights the need for clarity and reform in drug laws to ensure fair and consistent treatment for individuals facing charges related to drug possession and paraphernalia. Beske’s situation underscores the challenges and consequences individuals may face due to the legal ambiguities surrounding drug paraphernalia possession and the presence of drug residue.
