Milwaukee County, WI Public Conduct: Public Marijuana Use (2026)
Key Facts
- Possession limit
- 25 grams or less
- Max county fine
- $1.00 per offense (§ 24.02)
- Citation bail deposit
- $275 (county schedule)
- Paraphernalia covered
- Separately, under § 24.015
- Applies
- Countywide, all 19 municipalities
Summary
Milwaukee County has its own marijuana possession ordinance separate from state law: anyone in the county caught with 25 grams or less faces a county forfeiture capped at $1 per offense, not a state charge.
No person within the county shall possess or use marijuana in amounts of twenty-five (25) grams or less unless the marijuana was obtained directly from, or pursuant to, a valid prescription or order of a practitioner while acting in the course of his/her professional practice or except as authorized by ch. 961, Wis. Stats.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 112).
Full Breakdown
Milwaukee County's own possession ordinance runs alongside, not instead of, Wisconsin's criminal marijuana law. Under § 24.01, anyone in the county who possesses or uses 25 grams or less of marijuana without a valid prescription violates the county code, giving deputies a civil forfeiture option apart from a state misdemeanor charge under Wis. Stat. ch. 961. The county set its own penalty far below the state's, at no more than $1 per offense, a policy choice county supervisors made to steer small low-level possession away from criminal court. Drug paraphernalia possession or delivery is addressed separately under § 24.015.
Violations & Fines
Violating § 24.01 or § 24.015 carries a forfeiture of no more than $1.00 per offense under § 24.02; the county's separate uniform bail schedule lists a $275 cash deposit against a $500 maximum for a citation.
Frequently Asked Questions
Is marijuana legal in Milwaukee County?
Does the county ordinance replace the state marijuana law?
Sources & Official References
Other rules in Milwaukee County
Compare Milwaukee County to another location·View the Wisconsin public conduct overview
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