# False Equivalence
Saying that it would require a 3rd level spellcaster to make the Common item does not mean it is a 3rd level spell. 

## It's a magic item that isn't producing a spell.
As you quoted, *dispel magic* removes the effects of a spell of 3rd level or lower. It ends spells and spells only.

## What happens to your spell slot?
[This question](https://rpg.stackexchange.com/questions/114707/does-a-wand-lose-a-charge-if-it-attempts-to-target-an-invalid-target) handles invalid spell targets, but the crux is the optional rule in Xanathar's that would suggest the loss of spell slot.