Racine County, WI Public Conduct: Public Marijuana Use (2026)
Key Facts
- Covers
- Marijuana and synthetic marijuana
- Also bans
- Drug paraphernalia possession
- Exception
- Valid medical prescription only
- Penalty
- $25-$1,000, up to 90 days jail
Summary
Racine County bans carrying, possessing, or using marijuana, synthetic marijuana, or drug paraphernalia anywhere in the county, mirroring state drug law, with an exception only for a valid medical prescription.
It shall be unlawful for any person to carry, possess or use marijuana or synthetic marijuana as those substances are defined in either W.S.A., § 961.01 or have been placed on an emergency schedule by the USDEA administrator, unless such substance was obtained directly from, or pursuant to, a valid prescription or order of a practitioner filled out in the course of his professional practice, or except as otherwise authorized by W.S.A., ch. 961.
(b) W.S.A. § 961.573(1), describing offenses relating to the use or possession of drug paraphernalia, as that term is defined in W.S.A. § 961.571, exclusive of any penalty imposed thereby, is adopted by reference and made part of this chapter as though set forth in full. (Code 1975, § 12.15; Ord. No. 2008-27, pt. 3, 6-24-08; Ord. No. 2010-109, 1-11-11) Cross reference(s)—Schedule of deposits for violation of the provisions in this section, § 5-3.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 33).
Full Breakdown
Sec. 11-10(a) bans carrying, possessing, or using marijuana or synthetic marijuana, defined by reference to Wis. Stat. § 961.01 or any substance the DEA has placed on an emergency schedule, unless obtained directly from or under a valid prescription filled by a licensed practitioner, or otherwise authorized under Wis. Stat. ch. 961. Subsection (b) separately adopts the state drug-paraphernalia offense, Wis. Stat. § 961.573(1), by reference. The ordinance applies to use in any place, not only public areas, and default penalties come from Chapter 11's general clause.
Violations & Fines
Chapter 11's default penalty: forfeiture of $25 to $1,000 plus costs, with up to 90 days in county jail in default of payment; enforced by the sheriff's department.
Frequently Asked Questions
Does this cover synthetic marijuana too?
What if I have a prescription?
Sources & Official References
Other rules in Racine County
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