The majority‟s decision to permit bong water to be used to support a first-degree felony controlled-substance charge runs counter to the legislative structure of our drug laws, does not make common sense, and borders on the absurd.

The Judge says the majority's decision "has the potential to undermine public confidence in our criminal justice system.

Further, he finds the majority's result to run counter to the legislative structure of the state's drug laws, which must be read together, in a way to give effect to all its provisions.

Second, I dissent because the decision of Rice County to charge Sara Ruth Peck with a first-degree felony offense—an offense that has a presumptive sentence of 86 months in prison—for possession of two and one-half tablespoons of bong water is not only contrary to the law, it is counterproductive to the purposes of our criminal justice system.

...Rice County‟s decision to charge Peck in a manner far more serious than what was intended by the legislature represents the kind of counterproductive activity that leads unnecessarily to increasing incarceration rates and wasted taxpayer money.1 I conclude that Rice County‟s actions are not permitted by law, were not intended by the legislature, and do not benefit the citizens of the State of Minnesota.

The majority credited the testimony of Douglas Rauenhorst, a narcotics cop not involved in Peck's case, who said he had no experience with smoking meth, and acknowledged that users do not ordinarily inhale or ingest bong water when smoking a bong pipe.

He adds, however, that in his experience drug users drink bong wat