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Jefferson County, WI Public Conduct: Public Marijuana Use (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Possession threshold
25 grams or less
Forfeiture
$100.00 (cash deposit schedule)
Kicks to state law
Over 25g or prior conviction
Enforcing agency
Jefferson County Sheriff's Office

Summary

Jefferson County makes it a citable offense to possess 25 grams or less of marijuana anywhere in the unincorporated county. Sec. 14-61 carries a $100.00 forfeiture, but it stops applying once someone is charged with possessing more than 25 grams or has a prior marijuana conviction.

These county ordinances apply to unincorporated areas of Jefferson County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

No person shall possess 25 grams or less of marijuana, as defined in Wis. Stats. § 961.01(14), subject to the exceptions in Wis. Stats. § 961.41(3g). No person who is charged with possession of more than 25 grams of marijuana, or who is charged with possession of any amount of marijuana following a conviction for possession of marijuana in the state, shall be prosecuted under this section. Any person violating this section may be penalized as provided in section 1-14.

Full Breakdown

Sec. 14-61 of the Jefferson County Code prohibits possessing 25 grams or less of marijuana, using the state's own definition of marijuana at Wis. 01(14) and carrying forward the exceptions listed in Wis. 41(3g). The ordinance is deliberately narrow: it stops applying the moment a person is instead charged with possessing more than 25 grams, or is charged with possessing any amount after already having a marijuana possession conviction, either of which routes the case to state prosecution rather than a county forfeiture citation. Violating the section is penalized under the general penalty procedure of Sec.

00, plus court costs and any statutory surcharges under Wis. ch. 814. Because Sec. 14-61 targets possession rather than a location, it reaches marijuana found on a person anywhere within unincorporated Jefferson County, including in county parks and along roadways, and is enforced by the Jefferson County Sheriff's Office through the uniform citation procedure. A defendant who does not pay the forfeiture and costs can be held in the county jail until it is satisfied, the same collection mechanism used for the code's other citable offenses in Chapter 14.

Violations & Fines

A marijuana possession citation under Sec. 14-61 carries a $100.00 forfeiture from the county's cash deposit schedule, plus court costs and statutory surcharges. The ordinance does not apply, and the case instead proceeds under state law, once a person is charged with possessing more than 25 grams or has a prior marijuana possession conviction.

Frequently Asked Questions

What is the marijuana possession limit under Jefferson County's ordinance?
Sec. 14-61 covers possession of 25 grams or less; anything above that amount is charged under state law instead of the county ordinance.
How much does a Jefferson County marijuana possession citation cost?
The county's cash deposit schedule sets the forfeiture at $100.00, plus court costs and any statutory surcharges.
Can I be cited under the county ordinance if I already have a marijuana conviction?
No. Sec. 14-61 says the county ordinance does not apply to someone charged with possessing any amount of marijuana after a prior marijuana possession conviction; that case proceeds under state law.

Sources & Official References

Other rules in Jefferson County

All Jefferson County rules

Compare Jefferson County to another location·View the Wisconsin public conduct overview

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