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Are Glass Bongs Illegal to Carry With You? Or Can You Get Arrested

October 13, 2017 Federal Criminal Attorneys

In answering this question we examine two important elements to consider. Here, we examine the various ways that State and Federal Law vary regarding their view of glass bongs. The Federal government takes the firm position that glass bongs are illegal and has classified them as drug paraphernalia. However, as you know many States have adopted legislation that allows for the legal use of marijuana and therefore glass bongs can be a legitimate item used and possessed by a person who is lawfully permitted to use prescribed medical marijuana.

In this article we answer frequently asked questions regarding the legality of carrying a glass bong, and whether or not you can be arrested for doing so. Before we begin, it is important to note that “paraphernalia” is a term used to describe any item that can be used to facilitate the use of illegal drugs. Under Federal law glass bongs are listed as paraphernalia, because the Federal government still considers marijuana to be an illegal substance, while some States do not.

Is it Illegal Under Federal Law to Carry a Glass Bong?
Yes. According to the U.S. Department of Justice glass bongs are considered to be drug paraphernalia. Under Federal law a person can be arrested and prosecuted for possession of drug paraphernalia, if they are in possession of a glass bong, even if that person is not in possession of any marijuana or other drugs.

Can You Get Arrested Under Federal Law?
Yes. Under Federal law a person who is in possession of a glass bong can be arrested and prosecuted. A conviction for possession of drug paraphernalia, i.e glass bongs under Federal law can lead to incarceration of up-to three years in Federal Prison.

Is it Illegal Under State Law to Carry a Glass Bong?
Yes and No. Under State law and under certain circumstances, you can still be prosecuted for a misdemeanor possession of drug paraphernalia for carrying a glass bong. However, Congress has passed legislation that allows individual States to adopt legislation that allows their citizens to lawfully use cannabis/marijuana. In States that have passed legislation that allow their physicians to prescribe medical marijuana to their patients, it would not necessarily be illegal under State and local laws for a patient to possess a glass bong, if that patient had a lawful medical prescription to use medical marijuana, because the bong itself is being carried in order to facilitate a lawfully protected activity.

Can You Get Arrested Under State Law?
Yes and No. If you do not have a lawful medical prescription to use medical marijuana you are exposing yourself to legal repercussions, if you chose to carry a glass bong. However, a person who is lawfully allowed to use medical marijuana is allowed to utilize any form of equipment that he or she desires in order to ingest their medicine, including, but not limited to glass bongs, metal pipes, vaporizers, or cigarette papers.

In conclusion, if you ever find yourself in a situation where you are asking yourself if you are carrying a glass bong illegally, and whether or not you can be arrested for possession of a glass bong, it is important to know that although your State might allow for the use and possession of cannabis and associated paraphernalia, under Federal law it is still considered to be drug paraphernalia and can expose you to possible arrest and prosecution.



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