When viewed in a light most favorable to the State, the record demonstrates that the water containing methamphetamine stored in Peck‟s bong was colored and scented, that a button was placed over the bong opening presumably to keep out flies, and that narcotics users are known to drink or inject the unconsumed methamphetamine, which is captured by the water in the bong. In this case there is a footnote that spells out the fact that the majority thinks that this bong water is going to be used as a drug later on. The significance of this passage is clear when the footnotes are examined (note always read the footnotes, thats where the good stuff is). either drinking it or shooting it in the veins." When asked why a narcotics user would keep bong water, Rauenhorst replied, "for future use. He explained that bong water is not normally colored or scented. the pink coloring and fruity odor of the liquid discovered in Peck‟s bong was significant. They take this as a premise because of testimony that The majority reasons based on the premise that the bong water is a drug in and of itself. The bong water is a "mixture" because it is a "substance containing a controlled substance"-methamphetamine. A material of a particular kind or constitution." Id. A "substance" is "hat which has mass and occupies space matter. A "mixture" is "omething produced by mixing." Id. A "compound" is a "combination of two or more elements or parts." Id. the definitions used to determine the meaning of mixture are,Ī "preparation" is a "substance, such as a medicine, prepared for a particular purpose." The American Heritage Dictionary 1386 (4th ed. By saying that the definition is straight forward they avoid any of the messiness of public policy, legislative intent, or anything else. The majority goes out of its way state that the definition of mixture is unambiguous. They cite case law that requires them to apply a plain meaning rule and statutory language that says, a mixture is "a preparation, compound, mixture, or substance containing a controlled substance, regardless of purity." They make several moves to justify their approach. The majority presents its case a straight forward issue of statutory interpretation.
HOW DO YOU CRACK BACK METH BONG WATER PDF
The opinion from the court is available in pdf here. that is a key fact and anyone who doesnt report it that way is oversimplifying the case.
I do note that there are traces of meth in the water.