Is It Illegal to Use a Dab Pen in Minnesota?

Dab pens are similar to vapes in that they are battery-powered devices that heat up and vaporize a substance. The user inhales the vapors to achieve some type of effect. However, unlike vapes that work with liquid substances, dab pens are specifically designed for smoking marijuana wax, which is commonly referred to as "dab."

In Minnesota, marijuana, tetrahydrocannabinols (the psychoactive ingredient in marijuana), and derivatives of these substances are Schedule I drugs. Possessing them is illegal. Thus, using a dab pen that vaporizes a marijuana substance is also unlawful.

The penalties for possessing a marijuana mixture are severe. For instance, having 10 kilograms or more of it is a third-degree controlled substance crime. The offense is punishable by up to 20 years' imprisonment and/or up to $250,000 in fines. The penalties increase as the amount of the substance increases. Therefore, having a mixture containing 25 kilograms or more of marijuana or THC is considered a more serious offense. This second-degree controlled substance crime is punishable by up to 25 years in prison and/or a fine of up to $500,000.

Marijuana wax can be potent and cause severe effects. Because the state considers its use a danger to public safety, law enforcement officials and prosecutors aggressively pursue these matters. This means anyone caught using a dab pen will likely be prosecuted to the full extent of the law.

What If I Didn't Use the Dab Pen?

Let's say you have a dab pen but have never used it, and you don't have any marijuana wax in your possession to put into the device. In that case, are you still committing a crime? The answer is yes.

You might not be charged with possession of a controlled substance, but you could be charged with possession of drug paraphernalia.

Minnesota defines drug paraphernalia as an object used for a controlled substance offense. This includes making, testing, enhancing effects of, or ingesting or inhaling a drug.

If you are caught with a dab pen in your possession, you may be charged even if you did not also have marijuana wax on you at the time of the alleged offense. This is because the device is specifically designed for inhaling a controlled substance, which means that it is considered drug paraphernalia.

Possession of drug paraphernalia is a petty misdemeanor. A conviction may result in a prison sentence of up to 90 days and/or a fine of up to $1,000.

If you've been accused of a drug crime in Minneapolis, call Brockton D. Hunter P.A. at (612) 979-1112 or contact us online to discuss your legal options.