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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.
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 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:
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.
Charged with a crime? Don’t wait. Contact Grieve Law now to start building your defense. Whether you need a Milwaukee criminal defense attorney or a criminal defense attorney in Madison or any surrounding areas, you don’t have to fight this alone.
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:
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. Grieve Law handles all areas of criminal law, including DUI charges and possession of a firearm. If you have been given OWI penalties due to drug use, you need an attorney.
Contact Grieve Law’s criminal defense lawyers for a free marijuana-related case consultation
