The American Civil Liberties Union of Minnesota is providing legal representation to Jessica Beske, a Fargo woman facing decades in prison and a potential $1 million fine over bong water allegedly found in her possession in a case that has raised questions about uneven enforcement of the state’s drug laws.

“We’re pretty broadly interested in making sure Minnesotans aren’t criminalized for things like addiction,” said attorney Alicia Granse, who is working on the case. “Do we want to be spending so much of our resources on bong water?”

The ACLU’s involvement speaks to the unusual nature of the case itself, as well as its broader implications for criminal justice reform efforts in Minnesota.

Beske was pulled over in May in Polk County in the northwest part of the state. Upon searching her car, sheriff’s deputies reported they found drug paraphernalia and methamphetamine residue, as well as a glass bong containing 8 ounces of water.

Because of a longstanding loophole in state law, the county attorney’s office was able to treat the bong water as if it were 8 ounces of pure methamphetamine, warranting a first-degree drug charge carrying up to 30 years in prison.

The materials allegedly found in her car would not otherwise have resulted in any criminal charges thanks to a 2023 bill decriminalizing drug paraphernalia containing residue.

Bong water prosecutions are highly unusual, and Beske’s story garnered widespread media attention after the Reformer first reported on her case. The Office of Polk County Attorney has a reputation for zealous prosecution of drug cases. A 2014 Star Tribune story revealed it was one of a few in the state charging people for violating an archaic law requiring them to pay taxes on illicit drugs.

“They’re going hard up there,” Granse said. She questions whether charging people for bong water or marijuana tax stamp violations is actually contributing to public safety. “I don’t know if that’s what we really want to be spending our money on, or our time.”

Scott Buhler, the assistant county attorney working on the case, previously told the Reformer that his office “simply enforces the laws of the state as written.” In reality, prosecutors have a great deal of discretion to decide which offenders to charge and which violations to prosecute.

Granse said the case could end up being a lengthy one: “It sounds like this prosecutor is not willing to give up, but neither am I.”