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Possession & Distribution of THC Vape Pens or Dabs/Wax/Oil in Wisconsin

Marijuana dabs in Milwaukee, Wisconsin

Penalties & Fines for Possessing, Selling, & Vaporizing THC Products in Wisconsin:
Wax, Dabs, Oil, Budder, Shatter, Crumble, etc.

Marijuana distillates and THC concentrates are not yet legal in Wisconsin for medicinal use, much less for recreation. Products like wax, dabs, hash oil, shatter, crumble, budder, etc. are all considered concentrates of THC. As concentrates, the penalty for being caught with those products can be more severe.

According to the Wisconsin State Legislature website, THC can be classified as a Schedule 1 drug

(t) Tetrahydrocannabinols, commonly known as “THC", in any form including tetrahydrocannabinols contained in marijuana, obtained from marijuana, or chemically synthesized, except that tetrahydrocannabinols do not include any of the following:

1. Cannabidiol in a form without a psychoactive effect that is dispensed as provided in s. 961.38 (1n) (a) or that is possessed as provided in s. 961.32 (2m) (b).

2. Tetrahydrocannabinols contained in fiber produced from the stalks, oil or cake made from the seeds of a Cannabis plant, any other compound, manufacture, salt, derivative, mixture or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil or cake or the sterilized seed of a Cannabis plant which is incapable of germination.

If you've been caught with any type of THC product in Milwaukee, WI, especially marijuana concentrates, the first thing you need to do is talk to a lawyer. The criminal defense lawyers at Grieve Law know there are specific procedures police must follow in order to properly process your case proceedings. If any of these steps are skipped or botched, the evidence against you might be withheld in court.


Vaporizing THC Products Paraphernalia

Paraphernalia is defined as "miscellaneous articles, especially the equipment needed for a particular activity." In your case, it means anything used in the ingestion, inhalation, distribution, or cultivation of marijuana products. It can include—if the police want to be sticklers—things like baking pans, scissors, plastic bags, scales, and even your vehicle if it was used in the transportation. This can be arguable in court. Police can add the weight of these items to the weight of the actual THC products to increase the charges against you:

Wax Vaporizer for Dabs Exploded View

  • Vape Pens
  • Quartz Nails
  • Ceramic Nails
  • Vaporizers
  • Atomizers
  • Coils
  • Oil Rigs
  • Water Bongs
  • Pipes
  • Bowls
  • Torches


Vaporizer Brands Make a Difference in THC Paraphernalia Charges

If you've been caught with THC paraphernalia, you need to talk to a lawyer right away. There needs to be proof that the items were used or were intended to be used in the consumption, inhalation, cultivation, or distribution of THC products, and the evidence needs to be collected in a legal procedure. Products from specific vaporizer brands such as Escape, Gigawax, G Pen, Oooze, Oil Stix, Source, and Puffco are designed to be used exclusively with THC products, so even clean vape pens can be considered paraphernalia because of their intended use. How the specifics will play out in court is worth discussing with a lawyer. Contact the criminal defense lawyers at Grieve Law for a free case consultation regarding your dealing, possession, or paraphernalia charges for the best possible outcome.

Contact Grieve Law for a free consultation of your THC related court case Payment plans for criminal defense proceedings of THC related laws
Contact Grieve Law's criminal defense lawyers for a free marijuana-related case consultation

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By: Attorney Tom Grieve on 03/06/2020

Tom Grieve is a former prosecutor who now runs a successful Wisconsin criminal defense law firm with offices in Milwaukee, Waukesha and Madison. If are facing new charges initial phone consultations are free: contact online or call 262-786-7100.

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