A North Dakota woman, Jessica Beske from Fargo, might receive up to 30 years in prison after Minnesota deputies detected a bong with water testing positive for methamphetamine in her car.
North Dakota Woman Faces up to 30 Years in Prison
According to the Minnesota Reformer, Beske was pulled over for speeding in Polk County, Minnesota, on May 8.
Deputies supposedly smelled marijuana, indicating a search of her vehicle, which exposed three pieces of drug paraphernalia testing positive for meth. The authorities found a bong, a jar with a "crystal substance," and pipes among other items.
Beske claimed in court documents that under Minnesota law, drug paraphernalia is legal. Despite this, she was arrested and charged with first-degree possession.
Although drug paraphernalia was legalized last year, including items with drug residue, current law still categorizes bong water as a controlled substance. A first-degree possession sentence in Minnesota can lead to up to 30 years in prison, penalties up to $1 million, or both.
Attempts to get comments from the Polk County Sheriff's Office and the county attorney's office were not successful.
In her court filings, Beske argued that the grabbed items were simply paraphernalia and petitioned for the return of her car and casino earnings, affirming they were not likely for forfeiture.
Beske expressed her frustration to the Minnesota Reformer, stating that the charges defied common sense. She stated that this was contrary to common sense. This case emphasizes the lingering effect of harsher "war on drugs" laws.
Minnesota Deputies Found Meth-Laced Bong Water in Jessica's Car
They also reported finding various drug paraphernalia in the 43-year-old's vehicle. Court documents disclose Beske declared that police found three pieces of drug paraphernalia that tested positive for meth.
In the documents, Beske also requested the return of her car and $1,400 in casino winnings, asserting they were "not subject to forfeiture."
Despite recent decriminalization, an existing law in Minnesota still treats bong water as a controlled substance.
This regulation originates from the 2009 State v. Peck case in the state supreme court, where bong water was categorized as a "drug mixture" contributing to drug weight calculations for penalties.
First-degree possession convictions can result in up to 30 years in prison, a $1 million fine, or both, according to the Reformer.
The Polk County attorney's office, handling the case, did not immediately respond for comment. Beske said she was shocked to discover the potential for such a severe sentence when she saw her charge sheet. All she could envision were potential repercussions spanning 30 to 40 years. She described feeling speechless and breathless.
She initially thought the potential penalty was a mistake, especially given the decriminalization of drug paraphernalia in Minnesota.
After researching, she learned about the law regarding bong water and watched the legislative session where it was passed.
"They didn't even discuss it at all. They just pushed it through. Nobody's even thinking about whose lives are affected by this," she said.
Beske is now working with a lawyer to navigate the severe penalty and remains hopeful that the law might change. She also stated, "This is so wrong that I must hope for a change in law. "I don't want anybody else to have to go through this."
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