Dane County, WI Public Conduct: Public Marijuana Use (2026)
Key Facts
- Banned conduct
- Possessing/using/delivering controlled substances incl. marijuana
- Citation
- Ch. 53.03(6)
- Penalty
- $50-$500 forfeiture, enhanced tier
- Enforced by
- Sheriff/parks staff, sec. 53.15
- Scope
- County park land only
- Nonpayment
- Up to 60 days county jail
Summary
Dane County bars possessing, using, or delivering any controlled substance, including marijuana, which Wisconsin has not legalized for recreational use, anywhere in a county park unless the state's Uniform Controlled Substances Act itself authorizes it. The county singled this violation out for a heavier penalty than its other park rules: a $50 to $500 forfeiture per offense, instead of the usual $10 to $100.
(6) Possessing, using or delivering any controlled substance or drug paraphernalia unless such possession, use or delivery is authorized by the Uniform Controlled Substances Act, Chapter 161, Wis. Stats. Words used in this subsection shall have the meanings ascribed to them in the Uniform Controlled Substances Act, Ch. 161, Wis. Stats. ... 53.14 PENALTIES. (1) Any person who shall violate any of the provisions of this ordinance, other than ss. 53.03(6) and 53.10(4), shall, for each offense, forfeit to the County of Dane not less than $10.00 nor more than $100.00 together with the costs of prosecution and court costs. Any person who shall violate sec. 53.03(6) shall forfeit not less than $50.00 nor more than $500.00.
Full Breakdown
03 lists prohibited items and uses across every Dane County park, and clause (6) targets drugs specifically: no one may possess, use, or deliver a controlled substance or drug paraphernalia inside a county park unless that possession, use, or delivery is authorized by the Uniform Controlled Substances Act, Wis. ch. 161, the same statute that still classifies marijuana as a controlled substance in Wisconsin. The ordinance borrows its definitions straight from that state law rather than writing its own. 15: a law enforcement officer or a parks-division employee designated by ordinance may issue a citation, and an officer may arrest anyone detected violating the provision or enter a park building or enclosure to investigate a disturbance.
The penalty is notably steeper than the chapter's default. 03(6) by name and raises the range to $50 to $500 per offense, plus costs of prosecution, signaling the county treats drug activity in its parks more seriously than litter, unpermitted fires, or off-trail biking. As with the rest of Chapter 53, this rule reaches only land the Dane County Parks Division manages; it is not a general county-wide marijuana ordinance.
Violations & Fines
A Section 53.03(6) violation carries a Section 53.14(1) forfeiture of $50 to $500 per offense, plus costs of prosecution: five times the chapter's normal $10-to-$100 range. Someone who can pay but refuses may be jailed up to 60 days until the forfeiture is satisfied. Officers may also cite, arrest, or remove violators from the park under Section 53.15.
Frequently Asked Questions
Is smoking marijuana legal in a Dane County park?
What's the penalty for marijuana in a county park?
Who enforces this rule?
Does a doctor's authorization or legal status change anything?
Sources & Official References
Other rules in Dane County
Compare Dane County to another location·View the Wisconsin public conduct overview
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