Bongs

This article is only a guide. For tailored legal advice on drug offences, contact our office to arrange a consultation with our drug lawyers Sydney team. 

A ‘bong’ is a filtration device which is utilised for smoking cannabis, tobacco, or other herbal substances. It is illegal to possess a bong for use of a prohibited drug such as cannabis.

Despite coming in all shapes and sizes, varying in complexity, they will all generally feature a small bowl which holds the dried leaf, that will combust when set alight.

Why Do People Use Bongs Instead of Smoking?

Whilst you inhale, the water in the bottom of the bong bubbles, which causes the smoke to rise up through the water, and through the chamber before entering your mouth and then lungs via the mouthpiece.

Therefore, the standard elements of a bong are:

1. The ‘bowl’: otherwise referred to as a ‘cone piece’ in which the cannabis is packed into and set alight by the user,
2. The ‘stem’: which is the piece which connects the bowl to water chamber (allowing the smoke to travel down to this section),
3. The ‘water chamber’: this section evidently contains water at the bottom of the bong, which cools the smoke as it travels through it,
4. The ‘mouthpiece’: the opening from which the smoke is inhaled,
5. The ‘carb’: which is a small hole usually near the chamber, allowing for the smoker to regulate airflow when smoking, controlling the temperature and the rate of burning in the bowl.

Is it Illegal to Sell or Buy a Bong in NSW? | Why Can You Buy Bongs in Australia?

Possessing equipment related to administering prohibited drugs, including possessing bongs for the purpose of smoking cannabis, is illegal across Australia.

However, this may surprise many, noting how common it is to come across ‘smoke shops’ which display bongs in their windows, often set out next to grinders and rolling papers.

This is due to how, in practice, such retailers are often not prosecuted by police. However, it is important to note that selling, supplying, or displaying a bong in a shop is still illegal in New South Wales. From April 2019 to March 2023, 6 people were prosecuted and received sentences for this offence.

When comparing this to possessing equipment for administering drugs, around 980 people were prosecuted and received sentences for this offence in New South Wales.

This reflects how it is important to be aware of the consequences of purchasing and possessing a bong for smoking cannabis, despite often being able to purchase it from a retail store.

Is Drug Paraphernalia Illegal in Australia? | Are Bongs Illegal?

In New South Wales, it is an offence to possess any item of equipment for use in the administration of a prohibited drug, as per section 11 of Drug Misuse and Trafficking Act 1985 (NSW). The penalty for this is prescribed for up to two years imprisonment and/or $2,200 fine.

However, this does not apply to or in respect of a hypodermic syringe or a hypodermic needle.

Examples of equipment for use in the administration of a prohibited drug include a bong or water pipe utilised to smoke cannabis, a pipe utilised to smoke cannabis or ice, and rolling papers utilised to smoke cannabis.

Defences to the charge of possessing a bong for purposes of administrating a prohibited drug include:

• a medical practitioner, dentist, veterinary practitioner, pharmacist, registered nurse, or registered midwife acting in the ordinary course of his or her profession,
• a member of any other prescribed profession acting in the ordinary course of that profession,
• a person licensed or authorised to have possession of the item of equipment under the Poisons and Therapeutic Goods Act 1966,
• a person authorised to have possession of the item of equipment by the Secretary of the Department of Health, or
• a person for use in the administration of a prohibited drug lawfully prescribed or supplied.

This last exception provides a defence to possessing a bong for smoking cannabis, where you are lawfully prescribed medicinal cannabis, and are using it to smoke this.

The maximum penalty applicable is 2 years imprisonment and/or a $2,200 fine for possessing a bong for purposes of smoking cannabis, according to section 21 of the Drug Misuse and Trafficking Act 1985 (NSW).

Sentencing statistics reveal that in a majority of cases (59.7%), the defendant will receive a conviction and a fine, which most often ranges between $200 – $750.

It is also an offence to sell or supply a waterpipe or an ice pipe in the course of or in connection with a commercial transaction, as per section 11A.

Furthermore, it is prohibited to display a waterpipe or an ice pipe in a shop, or near but in connection with a shop.

In this case, it is immaterial that the water pipe or ice pipe was used or intended to be used for a purpose other than the administration of a prohibited drug.

What is a water pipe? A water pipe is defined as a device capable of being used for the administration of a prohibited drug, by means of the drawing of smoke or fumes (resulting from the heating or burning of the drug) through water or another liquid.

It also refers to a device that is apparently intended to be such a device but that is not capable of being so used because it needs an adjustment, modification, or addition. As outlined, they are also referred to as a device known as a bong.

What is an ice pipe? An ice pipe is defined as a device capable of being used for the administration of a prohibited drug by means of the smoking or inhaling of the smoke or fumes resulting from the heating or burning of the drug in a crystal or powder form.

It also refers to a device that is apparently intended to be such a device but that is not capable of being so used because it needs an adjustment, modification, or addition. They also may be referred to as ‘crack pipes’.

The maximum penalty applicable for these offences is also 2 years imprisonment and/or a $2,200 fine.

Looking for more? Here are some common questions we get asked:

• Is cannabis legal in NSW?
• Is weed legal in NSW?

By Poppy Morandin and Jimmy Singh.

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