You may be aware that in many States it is completely legal to use and possess marijuana. What you may not have been aware of, is that the Federal government has not changed its position regarding the classification of marijuana as an illegal narcotic. Likewise, the Federal laws governing the use and possession of marijuana and drug paraphernalia have not changed. Here, we will examine 5 frequently asked questions regarding the legality of carrying a glass bong with you and whether or not you can be arrested.
1. Do State and Federal Laws Treat the Possession of a Glass Bong Differently?
All States have laws that criminalize the possession of drug paraphernalia, and under Federal guidelines, a glass bong is considered drug paraphernalia. However, many States have relaxed their view on the use and possession of medical marijuana. In doing so, these States have essentially opened the door for the legitimate possession and carrying of a glass bong by a person who is lawfully able to use medical marijuana.
2. Since Marijuana is Legal In My State am I Allowed to Lawfully Carry a Glass Bong?
You’re State may have decriminalized or allows for the legal use of medical marijuana. However, Federal law still classifies a glass bong as drug paraphernalia, and you may be subject to prosecution under Federal law if you are arrested. Likewise, although your State may allow for the lawful use of medical marijuana, if you do not have a prescription to use marijuana, and you are caught carry a glass bong you may be exposing yourself to that States individual laws regarding the prosecution of charges for possession of drug paraphernalia.
3. Are Glass Bongs Illegal to Carry With You?
Technically a glass bong is considered drug paraphernalia and is illegal if you are caught carrying one. There is no law on the books that specifically grants any person the right to lawfully carry a glass bong. However, there are laws on the books that do specifically restrict and criminalize the possession of a glass bong.
4. Can You Get Arrested if You Carry a Glass Bong With You?
Yes. Under State and Federal law you can be arrested if you are caught carrying a glass bong. Under State law possession of drug paraphernalia is a misdemeanor offense, and if this is the persons only charge he or she may be ticketed in alternative to being arrested due to the non-severity of the charges. Under Federal law penalties can be much higher, including fines, probation, and as much as three years in Federal prison.
5. If the Glass Bong Is Empty Can I be Arrested?
Yes. Carrying an empty glass bong is an offense that can subject you to arrest if you are caught with one. It does not matter if the bong is empty or not. In fact, the bong can be completely new and unused, and you can still be arrested.
If you are ever in doubt as to whether or not you are in a position to lawfully carry a glass bong, the best practice is to refrain from doing so. State and Federal laws still view glass bongs as illegal drug paraphernalia, and the best policy in order to avoid legal ramifications, is not to carry one in the first place.