Crime & Safety

Updated: Police Make Big Fake Pot Bust in Waukesha

Two 16-year-olds sent to Waukesha Memorial Hospital after consuming "Purple Magic."

The has seized what could be at least $20,000 worth of fake marijuana packages about an hour after two 16-year-olds were transported to Waukesha Memorial Hospital after using the synthetic marijuana, according to police.

Sgt. Jerry Habanek said Monday evening that the two teens remain in the hospital for the “adverse reactions” from what was found in "Purple Magic." The teens purchased the synthetic cannabinoids, which is packaged as a form of incense, from a Waukesha seller.

The synthetic marijuana is also known as K2, but K2 and other similar substances have been outlawed – first through a city ordinance and now through federal law. Dealers could be charged with a felony, Habanek said.

Find out what's happening in Waukeshawith free, real-time updates from Patch.

The police department planned the raid on four Waukesha businesses before the teens were transported to the hospital. The four businesses that were selling the product are:

  • , 910 W. Sunset Drive
  • Mobil, 401 E. North St.
  • SF&S Petroleum, 114 E. Broadway
  • Grand Avenue Citgo, 304 N. Grand Ave.

Habanek said the information will be forwarded to the Waukesha County district attorney's office. Sellers of the synthetic marijuana substances could be charged with felonies, Habanek said.

Find out what's happening in Waukeshawith free, real-time updates from Patch.

Waukesha has a ban against the synthetic marijuana possession as a municipal ordinance.

Council President Sees Fake Pot Bust

Common Council President Paul Ybarra led the charge last summer to ban the substance in Waukesha. Ybarra received help in convincing the council to enact the ordinance after receiving help from a local woman who was personally affected by the substance.

Bonnie Davel, a mother of a Waukesha West High School grad, blamed K2 as a contributing factor in her son’s car accident after he apparently had a reaction and a panic attack before leading police on a high-speed chase, driving the wrong way down the freeway and crashing into a tow truck on the side of the freeway. Charlie Davel’s story made national news headlines after his mother spoke out against the fake pot on Good Morning America.

This time, Ybarra spent Monday riding with the Waukesha Police Department as officers made the raids on the businesses.

“It is so disappointing,” Ybarra said. “These guys have to know that this is illegal.”

The clerks at the stores were extremely cooperative with police when they came to take possession of the synthetic marijuana substance, according to Ybarra and Habanek.

When he learned that two young teens had been sent to the hospital an hour before the drug seizures, he said he was shocked.

“We took all the time to research this, investigate it, and to make sure we draft an ordinance to take this off the shelves to protect our kids, and then it is on the shelves in a matter of nine months again,” Ybarra said. “It just infuriates me. And the fact that two kids got rushed to the hospital tonight tells me that this stuff is dangerous.”

What Ybarra was surprised the most about, though, was the amount of fake pot the Waukesha Police Department was able to seize in a short amount of time.

The bust sends a strong message to the community.

“One, we are going to protect our kids. And two, retailers, if you continue to break the law, it is going to be pulled off the shelves,” Ybarra said. “… The message is don’t carry this dangerous stuff, and if you do, you are going to get a felony.”

Federal Reaction

The DEA outlawed the substance and classified it as a Schedule 1 controlled substance on March 1.

“Schedule 1 means that they are illegal and there is no medical use for them,” Habanek explained in March after

The DEA’s ban on the fake pot lasts for a year while it is awaiting a determination on whether or not to permanently ban the substance.

The compound is sprayed on potpourri leaves and, when smoked, gives users a high like marijuana. The compound is not intended for human consumption.

A news release from the DEA states that emergency room physicians have reported treating people who have used the synthetic marijuana compound for side effects that include:

  • Convulsions
  • Anxiety attacks
  • Dangerously elevated heart rates
  • Increased blood pressure
  • Vomiting
  • Disorientation


Get more local news delivered straight to your inbox. Sign up for free Patch newsletters and alerts.

We’ve removed the ability to reply as we work to make improvements. Learn more here

To request removal of your name from an arrest report, submit these required items to arrestreports@patch.com.