Can I Be Arrested if Caught Carrying a Glass Bong?

The answer to the question if you can be arrested if found to be carrying a glass bong is not a simple yes or no. There are many factors involved which can determine that such as whether there are drugs in the bong at the time, the criminal or arrest history of the person in possession of the bong and various other factors.
The law has classified glass bongs are drug paraphernalia. Drug paraphernalia is defined as implements primarily used to produce, conceal, or consume illicit drugs. Drug paraphernalia laws have two categories: User-specific and Dealer-specific.
User-specific refers to an item or implements that drug users utilize to either assist in the consumption of drugs or assists in the concealment of illegal drugs. Some implements in this category include needles, roach clips, pipes, and bongs.
Dealer-specific refers to items or implements used by drug dealers and traffickers that assist in the manufacturing and distribution of illegal drugs. Such implements in this category include chemicals, scales, storage bags and other tools.
The Federal Drug Paraphernalia Statute states that it is illegal to possess, sell, and transport drug paraphernalia.¹
Federal laws have defined guidelines but each state has local laws which determine possession and penalty. Not every instance of possession of a bong will result in arrest and not every arrest will result in penalties.
For example, has the bong ever been used? Does it have drug residue in it? Does the bong belong to someone else and you happened to be driving a car with their bong in it? Was the bong hidden in another item? like a waist shaper?
Many states now have relaxed marijuana laws and states such as Washington, Oregon, and Colorado have legislation in place on the State level which allows for the use of medical marijuana. This might mean that the implements or equipment facilitating the use of medical marijuana, including a bong, might not be considered illegal. If the bong is hidden inside another item, such as a waist trainer, then the item can be taken away as well.
If you are ever arrested for possession of drug paraphernalia you should contact an attorney who can guide you the legal process which can possibly result in a dismissal of the charges. If you are arrested for possession of drug paraphernalia, the judge looks at many things in order to determine the outcome of your case including:

  • Prior conviction
  • Drug residue on the paraphernalia
  • Defendant’s statements
  • Witness testimony if applicable
  • The manner in which the paraphernalia was found
  • If the item has a legitimate use other than in the utilization of ingesting drugs

There are other factors involved in answering the question of whether you might be arrested. All federal properties are enforced by Federal not State laws and if you are caught on Federal property the penalty can be more severe. If you are caught on properties such as a school this could also affect the outcome.
Legislation passed by Congress, allows individual States to determine legislation which makes allowances for medical marijuana patients to be in possession of certain implements to facilitate their use. If a person has and can provide proof of, their medical marijuana certificate or license, they may not be arrested or prosecuted.
A basic drug paraphernalia possession charge is usually a misdemeanor which carries a simple fine. There are also deferments for first-time offenders but again, it depends on the unique elements of your individual case.
There is no straight yes or no answer, however, if you feel your case is more involved than a simple, basic charge of possession with the possibility of dismissal, you should contact a defense attorney.
[1] Cornell Law School. (2017). 21 U.S. Code § 863 – Drug paraphernalia. Retrieved from https://www.law.cornell.edu/uscode/text/21/863

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