If you’re a fan of smoking marijuana, you may have heard rumors that bongs are illegal in California. With the legalization of recreational marijuana in the state, knowing what is and isn’t allowed can be confusing. So, are bongs illegal in California? The short answer is no; they are not illegal. However, some restrictions and regulations are surrounding their use.
In California, bongs are not illegal per se, but their possession and sale are subject to certain restrictions under the law. Possession of drug paraphernalia, including bongs, is prohibited under the Health and Safety Code 11364. Additionally, Business and Professions (B&P) Code 24200.5 and 24200.6 mention revoking or suspending a license if the licensee has knowingly allowed illegal sale of controlled substances or permitted solicitation for drinks, or if they have knowledge of drug paraphernalia on the premises. Therefore, while bongs are not illegal in California, their possession and sale can be subject to legal action under certain circumstances.
In this article, I’ll explore the laws regarding bongs in California, how they differ from other states, and what you need to know to stay on the right side of the law. Whether you’re a casual smoker or a connoisseur of cannabis culture, understanding the legalities around bongs in California is essential for a safe and enjoyable experience. So, let’s dive in and explore the ins and outs of bongs and the law in the Golden State.
What is a bong?
A bong is a smoking device that filters smoke through water before inhaling it. They come in various shapes and sizes, but the basic components include a bowl to hold the marijuana, a stem to draw smoke through the water, and a chamber to hold the water.
Bongs are a popular way to smoke marijuana because they cool and filter the smoke, making it smoother and less harsh on the lungs. They are often made from glass but can also be made from other materials such as plastic, ceramic, or metal.
Bongs have been used for centuries and have a long history in many cultures. They are known by different names worldwide, such as water pipes, hookahs, or shishas. In recent years, bongs have become a symbol of cannabis culture and are often featured in movies, TV shows, and music videos.
The legal status of bongs in California
As mentioned earlier, bongs are not illegal in California—however, some regulations surround their use. Under California law, using, possessing, or selling drug paraphernalia is illegal. This includes any items used to consume illegal drugs, such as pipes, bongs, and rolling papers. However, there are some exceptions to this law.
California’s drug paraphernalia laws were established in 1979 under Health and Safety Code section 11364. The law defines drug paraphernalia as “any device, instrument, or paraphernalia used for unlawfully injecting or smoking a controlled substance.” This includes bongs, pipes, and other smoking devices. Possessing drug paraphernalia is a misdemeanor offense in California and can result in fines and/or jail time.
California’s drug paraphernalia laws
While bongs are not illegal in California, their use has some restrictions. Under California law, it is illegal to use drug paraphernalia to smoke marijuana in public. This includes parks, beaches, sidewalks, and other public places. Using drug paraphernalia in a vehicle while driving or riding as a passenger is also illegal. Doing so can result in fines and/or jail time.
In addition to these restrictions, California law also prohibits the sale of drug paraphernalia to minors. It is illegal to sell bongs or other smoking devices to anyone under the age of 21. This includes online sales, subject to the same regulations as in-person sales. Violating this law can result in fines and/or jail time.
Laws regarding the sale of bongs in California
While possessing and using bongs in California is legal, their sale has some restrictions. Under California law, it is illegal to sell drug paraphernalia with the knowledge that it will be used to consume illegal drugs. This includes bongs, pipes, and other smoking devices. It is also illegal to advertise drug paraphernalia for sale with the intent to promote its use for consuming illegal drugs.
However, there are some exceptions to this law. Selling bongs and other smoking devices is legal if they are marketed as tobacco products. This means they must be labeled and sold as tobacco or water pipes, and the seller must ensure they are not being used to consume illegal drugs. Additionally, it is legal to sell bongs and other smoking devices for use with legal substances, such as herbal blends or essential oils.
Penalties for using or possessing an illegal bong in California
While bongs are not illegal in California, using or possessing an illegal bong can result in fines and/or jail time. An illegal bong is used to consume illegal drugs or is marketed as drug paraphernalia. Possessing an illegal bong is a misdemeanor offense in California and can result in fines of up to $1,000 and/or up to six months in jail. Using an illegal bong is also a misdemeanor offense and can result in fines and/or jail time.
It’s important to note that possessing or using a legal bong in California is not a criminal offense. However, it is still important to follow the regulations surrounding their use to avoid any legal trouble.
Are there any exceptions to California’s bong laws?
As mentioned earlier, there are some exceptions to California’s drug paraphernalia laws. Possessing and using bongs and other smoking devices for tobacco or legal substances is legal. Additionally, medical marijuana patients are exempt from some restrictions on smoking marijuana in public places. Medical marijuana patients are allowed to smoke in designated smoking areas in some public places, such as hotels and apartment complexes.
However, it’s important to note that possessing or using a bong for illegal purposes can still result in fines and/or jail time, even if you are a medical marijuana patient.
How to legally purchase a bong in California
If you’re interested in purchasing a bong in California, there are some things you need to know to ensure you are doing so legally. First, it is illegal to purchase drug paraphernalia if you are under 21. Additionally, it is illegal to purchase drug paraphernalia with the intent to use it to consume illegal drugs.
To legally purchase a bong in California, you should look for a reputable smoke shop or online retailer that sells tobacco or smoking accessories. It’s important to ensure that the bong you purchase is marketed as a tobacco pipe or water pipe and that the seller is taking steps to ensure it is not being used to consume illegal drugs.
Conclusion
In conclusion, bongs are not illegal in California, but regulations surround their use. Under California law, it is illegal to use, possess, or sell drug paraphernalia, including bongs. However, this law has some exceptions, such as using bongs for tobacco or legal substances.
Suppose you’re interested in purchasing a bong in California. In that case, it’s important to ensure you are doing so legally by purchasing from a reputable retailer and following the regulations surrounding their use. By understanding the legalities around bongs in California, you can enjoy a safe and enjoyable cannabis experience.
