Fond du Lac County, WI Public Conduct: Public Marijuana Use (2026)
Key Facts
- Prohibited act
- Possessing marijuana anywhere in the unincorporated county
- Penalty range
- Forfeiture of $10.00 to $500.00 plus costs
- Prescription exception
- Valid practitioner prescription or order
- Possession defined
- Actual or constructive possession
- Jail for nonpayment
- Up to 90 days
- Adopted
- Ord. of 7-2-85, § 1.09
Summary
Fond du Lac County Code § 38-207 makes it unlawful to possess marijuana anywhere in the unincorporated county, public or private, with no separate carve-out for public consumption. Anyone found with marijuana faces a forfeiture citation under the county's general penalty section, § 1-8.
(a)No person shall possess marijuana.(b)This section shall not apply to the possession of marijuana obtained directly from or pursuant to a valid prescription or order of a practitioner while acting in the course of his/her professional practice or as authorized by law.(c)"Possess" means the actual or constructive possession of marijuana.(d)Any person who violates subsection (a) shall be subject to the provisions of section 1-8.
Full Breakdown
" The section defines "possess" broadly as "the actual or constructive possession of marijuana," so a deputy does not need to catch someone holding the substance directly; apparent control over marijuana found in a vehicle, tent, or campsite in a county park or elsewhere in the unincorporated area can support a citation. Because the county has not written a separate public-consumption ordinance, this possession ban is the operative rule wherever marijuana is found in the unincorporated county, including its parks, boat launches, and roadways addressed elsewhere in this code.
The ordinance applies only outside incorporated limits: the City of Fond du Lac, the City of Ripon, the City of Waupun, and the county's villages each enforce their own municipal codes on their own streets. Violations of subsection (a) route to the penalty provisions of § 1-8, making the offense a civil forfeiture rather than a criminal charge, though nonpayment can still lead to jail.
Violations & Fines
Any person found in violation of § 38-207(a) is subject to § 1-8's general penalty: a forfeiture of not less than $10.00 and not more than $500.00 plus the costs of prosecution. If the forfeiture and costs go unpaid, the violator "may be committed to the county jail until such forfeiture and costs are paid," though confinement is capped at 90 days. Any law enforcement officer may issue the citation under § 1-9.
Frequently Asked Questions
Can I be cited for smoking marijuana in a Fond du Lac County park?
What's the maximum fine for marijuana possession in unincorporated Fond du Lac County?
Does this ordinance apply inside the City of Fond du Lac?
Sources & Official References
Other rules in Fond du Lac County
Compare Fond du Lac County to another location·View the Wisconsin public conduct overview
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