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THC Vape Pens or Dabs/Wax/Oil & possession & distribution thereof in Wisconsin

First offense possession of dabs (and all concentrated forms of THC) is a misdemeanor in Wisconsin, and any subsequent offense is a felony. The penalties for possession of vape, wax, dab or THC oil products are the same as regular marijuana possession: your first conviction has a maximum fine of $1,000 and 6 months in jail. Subsequent (felony) offenses have a maximum fine of $10,000 and up to 3.5 years in jail.

Tom Grieve

OWI & Criminal Defense Attorney

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

Wax dabs, a THC substanceMarijuana 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 a felony. According to the Wisconsin State Legislature, THC in Wisconsin 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:

  • 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 charge for the best possible outcome.

Contact Grieve Law's criminal defense lawyers for a free marijuana-related case consultation

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How long does a vape, or dab THC product possession charge stay on your record in Wisconsin?

Penalties for possession of THC vape pens, wax or edibles in Wisconsin depends on whether it is a 1st or 2nd offense. A 2nd offense is a felony carries up to 3.5 years in prison and $10,000 in fines and will stay on your record forever.

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