St. Paul, MN – A judiciary and public safety bill signed into law by Governor Tim Walz over the weekend has officially ended criminal penalties related to bong water in Minnesota, correcting a controversial legal loophole that once allowed for extreme charges based on water content alone.
Previously, Minnesota law treated bong water containing drug residue as a drug mixture, allowing authorities to charge individuals with serious drug crimes depending on the water’s volume. Under the old law, having more than four ounces of bong water used with a controlled substance like methamphetamine could result in a first-degree felony — carrying a 30-year prison sentence and up to $1 million in fines.
The new provisions, included in a broader judiciary and public safety bill, remove that language. The updated law now explicitly states that “a drug mixture does not include the fluid used in a water pipe or any amount of a controlled substance that is dissolved in the pipe’s fluid.” The change is retroactive to August 2023, aligning with the implementation of a broader paraphernalia reform bill.
Alicia Granse of the American Civil Liberties Union (ACLU), which is currently defending a woman facing a first-degree felony charge over bong water, praised the change: “We’re glad to see the legislature fixed this loophole that allowed rogue prosecutors to put people suffering from addiction in prison for smoking drugs out of a bong.”
The decision overturns a 2009 ruling by the Minnesota Supreme Court, which deemed bong water a prosecutable drug substance based on testimony that the water could potentially be reused or ingested.
The legislative update reflects a growing shift toward reforming outdated drug laws, particularly those that disproportionately affect individuals struggling with addiction.
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