Janesville, WI Public Conduct: Public Marijuana Use (2026)

Janesville's marijuana ordinance, Chapter 24, Article III, Division 9, cross-references Wis. Stats. § 961.01(14) for the definition of marijuana itself. Section 24-595(a) bars possession outright unless the marijuana came directly from, or under a valid prescription or order of, a licensed practitioner acting in professional practice, or is otherwise authorized under Wis. Stats. ch. 961; since Wisconsin has not authorized recreational marijuana, that leaves no lawful path for a person found smoking or otherwise consuming it in a Janesville park, sidewalk or other public place.

Section 24-595(b) adds a state-law-required limit on double prosecution: if a complaint alleges possession of more than 25 grams, or possession following a prior Wisconsin marijuana-possession conviction, the person cannot be prosecuted under this City ordinance for that same conduct unless the criminal charges are dismissed or the district attorney declines to prosecute, under Wis. Stats. § 66.0107(1)(bm). The related Division 9 sections round out enforcement: Section 24-596 separately adopts the state drug-paraphernalia statute, Wis. Stats. § 961.573(1), by reference; Section 24-598 authorizes a law enforcement officer to seize any marijuana found in a violation committed in the officer's presence, with the Janesville Police Department holding it as evidence; and Section 24-599 sets the penalty for any Division 9 violation.