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Minnesota House of Representatives

State Representative Phyllis Kahn

365 State Office BuildingState Office Building
100 Rev. Dr. Martin Luther King Jr. Blvd.
651-296-4257

For more information contact: Michael Howard 651-296-8873

Posted: 2010-06-11 00:00:00
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Pawlenty’s Comments on Daily Show Don’t Hold Any (Bong) Water


Saint Paul, Minnesota – During Governor Pawlenty’s appearance on the Daily Show with Jon Stewart the topic of conversations ranged from the deficit, to the state fair, and eventually to bong water. Stewart attempted to smoke out the Governor’s reason for vetoing legislation authored by State Rep. Phyllis Kahn (DFL – Minneapolis). The bill would have ensured that uniform and reasonable standards are applied to the prosecution of drug offenders in possession of bong water. Pawlenty defended his veto by saying law enforcement was opposed to the bill. Kahn said the statement “doesn’t hold any water."

“We worked hand in hand with law enforcement and the criminal justice system to craft a bill that they supported and we succeeded,” said Kahn. “It was a common sense bill aimed at reducing unnecessary costs on our court systems. I still haven’t heard a logical reason for the veto.”

The bipartisan bill passed with nearly unanimous support, 66-0 in the Senate, and 129 – 2 in the House. The need for this legislation arose out of a Rice County court case in which a woman was charged with a controlled substance for possession of 37 grams of meth - a serious felony. However, in reality the 37 grams of meth was waste residue from a “water bong,” which included trace amounts of meth. This turned a first time misdemeanor offense, punishable by a fine, into a felony offense, punishable by up to seven year prison sentence. Stewart succinctly explained the logic for Kahn’s legislation, telling Pawlenty “Bong water is very heavy, but it’s not part of the drug thing.”

“Jon Stewart gets it and I am sure most reasonable Minnesotans get it,” said Kahn. “We shouldn’t be penalizing the unkempt housewife who left something out on the counter top with a felony offense reserved for dangerous drug dealers.”

This specific case from which this legislation arose was challenged all the way to the Minnesota Supreme Court, where a contentious 4-3 ruling upheld the conviction after two lower courts had thrown the charge out. The ruling indicated that “mixtures” with drugs present could be weighed in total and used to determine levels of an offense. Members in the criminal justice community worked with Rep. Kahn and others to provide needed clarity in order to prevent additional costs on court and penal systems for unwarranted and unfair prosecutions.

‘The irony is the Governor spent much of his time on the Daily Show talking about reducing the cost of government and this bill will do the opposite,” said Kahn.

Kahn said she will pursue similar legislation next session.
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For comment, Rep. Kahn can be reached at 612-590-1025

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