Kenosha, WI Public Conduct: Public Marijuana Use (2026)
Key Facts
- Base possession fine
- $1 (Sec. 11.146.D)
- Public-use fine range
- $10 to $750 (Sec. 11.146.E)
- Possession limit covered
- 25 grams or less
- School Zone
- Within 1,000 ft of preschool/kindergarten
- Effective date
- September 1, 2023
Summary
Kenosha decriminalized simple marijuana possession into a $1 municipal forfeiture, but Section 11.146 raises the stakes for using it in public: anyone convicted of possessing marijuana who consumed it at a 'Designated Location', meaning almost anywhere outside a fully enclosed private residence, forfeits $10 to $750 instead, plus court costs.
C.Violation. It is unlawful for any person to possess marijuana as that substance is defined in Wis. Stats. (2022) § 961.01(14), subject to the exceptions in Wis. Stats. (2022) § 961.41(3g)(intro.).D.General Forfeiture. Except as provided by Section 11.146.E., any person convicted for a violation of Section 11.146.C. shall forfeit one dollar ($1.00), plus the costs of prosecution, assessments, and surcharges.E.Forfeiture For Possession Of Marijuana In Certain Locations. Any person convicted for a violation of Section 11.146.C. that either Consumed marijuana at a Designated Location, possessed marijuana at any School Zone, or was under the age of eighteen (18) at the time of the violation, will forfeit from ten dollars ($10.00) to seven hundred fifty dollars ($750.00) for each offense, plus the costs of prosecution, assessments, and surcharges, and in default thereof shall be committed to the County Jail for a period not to exceed ninety (90) days.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 11 Update 1 | Zoning Ordinance: Supplement 9).
Full Breakdown
146 defines a 'Designated Location' as anywhere in the City of Kenosha except a completely enclosed area inside a private residence, and for multi-unit residences other than single-family homes, it extends the Designated Location to any shared common area. D, reflecting the Common Council's stated intent to expedite enforcement of small-quantity possession locally rather than refer it to the Kenosha County District Attorney for state prosecution. That $1 baseline disappears, however, the moment the person consumed the marijuana, by smoking, vaping or ingesting it, at a Designated Location, or possessed it inside a School Zone, defined to include areas within 1,000 feet of a preschool or kindergarten, or was under eighteen at the time.
E, plus costs, assessments and surcharges, with nonpayment allowing commitment to the Kenosha County Jail for up to ninety days. The ordinance took effect September 1, 2023, and possession of more than twenty-five grams, or repeat state-level offenses, still goes to the District Attorney's office for prosecution under Wisconsin criminal law rather than the municipal ordinance.
Violations & Fines
Simple possession under Section 11.146.C carries only a $1 municipal forfeiture plus costs, but Section 11.146.E raises that to $10 to $750 per offense, plus costs, assessments and surcharges, whenever the person consumed the marijuana at a Designated Location, possessed it in a School Zone, or was under eighteen, with nonpayment risking up to ninety days in the Kenosha County Jail.
Frequently Asked Questions
Is smoking marijuana in public decriminalized in Kenosha?
What counts as a Designated Location under Kenosha's marijuana ordinance?
Does Kenosha's marijuana ordinance apply near schools?
Sources & Official References
Other rules in Kenosha
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