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

14 of the 1968 code, makes it unlawful to knowingly possess, keep or maintain marijuana, narcotic drugs, or any stimulant, depressant or hallucinogenic drug, or any substance defined as a controlled substance under Wisconsin's Uniform Controlled Substances Act, Wis. ch. 961. The section does not confine the prohibition to public places; it covers possession generally within the City of Milton, which necessarily includes possession or use of marijuana in public streets, parks and other city property. An exception applies where the substance was obtained directly from, or under, a valid prescription or order from a practitioner acting within professional practice, or where possession is otherwise authorized under Chapter 961.

All defined terms in the section, including what counts as marijuana or a controlled substance, are pulled from Chapter 961 of the Wisconsin Statutes rather than defined locally. The ordinance operates as a municipal forfeiture alternative to state criminal prosecution for simple possession, letting Milton police issue a citation rather than refer every possession case to the county district attorney for criminal charges under state law. A related but separate ordinance, Section 50-117, adopts by reference the state's drug paraphernalia statutes for equipment associated with marijuana and other controlled substances.