Madison, WI Public Conduct: Public Marijuana Use (2026)
Key Facts
- Minimum age
- 18 years old
- Possession limit
- 28 grams
- School buffer
- 1,000 feet
- Vehicle use
- Prohibited while operating
- Forfeiture
- Up to $100
- Enacted
- ORD-20-00109, eff. 12-3-20
Summary
Madison lets adults 18 and older consume cannabis or cannabis derivatives only on private property with the occupant's permission, or on public property with the owner's, landlord's or tenant's consent: never in a moving vehicle. Unauthorized public consumption draws a citation and forfeiture under MGO § 23.20.
(3)Consumption. A person who is eighteen (18) years of age or older may consume cannabis or cannabis derivatives on private property with the permission of a person who is lawfully on the property or on public property with permission of the owner, landlord or tenant. No person may consume cannabis or cannabis derivatives in a motor vehicle which is in operation. No person may consume cannabis or cannabis derivatives in violation of MGO Sec. 23.05 or Wis. Stats. Sec. 346.63.
Full Breakdown
20, created by ORD-20-00109 on December 3, 2020, replaced the city's old 1977 marijuana ordinance with a locally authorized cannabis regime. Subsection (2) lets an adult 18 or older possess up to 28 grams of cannabis or cannabis derivatives on private property, or on public property with the owner's, landlord's or tenant's permission, but never more than 28 grams, never within 1,000 feet of a private or public school, and never on a school bus. 63, remains unlawful regardless of where it happens. Subsection (4) carves out a prescription exception, letting a person who obtained cannabis or a cannabis derivative from a practitioner acting within their professional practice possess it on public or private property and consume it under the same permission rules as subsection (3).
Because Wisconsin cannabis remains a controlled substance under Wis. ch. 20 functions as a narrow, location-based local authorization rather than a full legalization, it governs conduct only inside Madison's city limits.
Violations & Fines
A violation of § 23.20, unauthorized public possession or consumption, exceeding 28 grams, consuming near a school, or consuming in an operating vehicle, carries a forfeiture of up to $100 under MGO § 23.20(5). Officers may separately cite disorderly conduct under MGO § 23.05 or Wisconsin's OWI statute, § 346.63, where those also apply.
Frequently Asked Questions
Can I smoke marijuana on a Madison sidewalk?
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Sources & Official References
Other rules in Madison
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Public Marijuana Use in Nearby Cities
How other cities in Dane County handle public marijuana use.