Here’s an article by Todd Spodek, a top rated Bronx criminal lawyer / Long Island divorce lawyer. Glass bongs, also called water pipes, are transparent, heat-transparent materials used to mix and smoke your choice dry herb as well as legal substances including marijuana and tobacco. With proper care, the glass bong may last a lifetime. The U.S. Department of Justice regards glass bongs as drug paraphernalia. Lawyers will caution you against openly carrying the items in cars or airplanes.
How does a Glass Bong look Like?
Manufacturers offer a wide range of glass bongs tubes consisting of high-quality borosilicate glass into which users put legal substances and a percolator to inhale marijuana or tobacco smoke.
What does the 21 U.S. Code/ 863 say about Drug Paraphernalia?
• It is illegal to sell, offer, or carry drug paraphernalia in the United States.
• Delivery or transportation of drug paraphernalia using mails, hidden in waist trainers or other products, the interstate commerce channels, or any other delivery facility is unlawful.
• The export or import of drug paraphernalia constitutes unlawful activities.
What are the Penalties for Carrying or Selling Drug Paraphernalia?
• A citizen convicted of drug paraphernalia offenses under the 21 U.S. Code/ 863 subsections (a) can face a three-year maximum imprisonment and a fine under title 18.
• The violation of the 21 U.S. Code/ 863 paragraphs (a) also leads to the seizure and forfeiture of the drug material and paraphernalia following the guilty verdict on a person carrying the items by a court of law.
• The law enforcement authorities will deliver the equipment to the Administrator of General Services, General Services Administration to order for the destruction of such paraphernalia.
How does the Federal Law define “Drug paraphernalia”?
Federal law defines any product, material, or equipment primarily designed or intended or to manufacture, compound, manufacture, conceal, convert, produce, process, prepare, inject, inhale, ingest, or introduce a banned substance into the human body. The items include wooden, metal, stone, acrylic, glass, or plastic objects. Police officers will assume you possess the items for ingesting or inhaling cocaine, hashish oil, hashish, PCP, amphetamines or methamphetamine.
Even when you do not have drugs on you, but you carry drug paraphernalia, the brush with the law still exists as police officers can charge you with having drug trafficking objects. The Federal Drug Paraphernalia Statute outlawsthe possession, selling, and transporting drug paraphernalia.
What is the Best Legal Action if Caught with Glass Bongs?
If law enforcement officers arrest you for selling or carrying glass bongs, you will most likely face a lawsuit on charges of being in possession of drug paraphernalia. Drug crime attorneys say that the drug paraphernalia laws fall into two categories:
• Drug Paraphernalia and User-Specific Products: User-specific laws refer to drug use objects, such as include bongs, pipes, needles, vaporizers, cocaine freebase kits, grow kits and roach clips.
• Dealer-specific scales and vials that traffickers and dealers use to distribute illicit substances.
Your drug crime attorney can help in several ways:
• Guide on how the person found with glass bongs writes a police statement.
• Interpret if the particular state outlaws the glass bongs or whether it regards bongs as legitimate items provided you never use them to inhale narcotics.
• Mitigate for you if you have no past drug crime convictions.
• Look into how the manufacturer advertises the specific glass bongs.
Your lawyer can also use expert witness testimonies to disapprove the charge that you use the items for unlawful activities. Further, the attorney may rely on laboratory tests to prove the residue on your glass bong is a lawful substance not narcotics.