Milwaukee, WI Public Conduct: Public Marijuana Use (2026)
Key Facts
- Public smoking forfeiture
- $250 to $500
- Simple possession forfeiture
- $0 to $50
- Alternative to fine
- Community service + counseling
- Governing chapter
- Ch. 106, Morals and Welfare
Summary
Smoking marijuana in public in Milwaukee draws a $250-$500 forfeiture, five times the $0-$50 fine for ordinary possession, under the city's controlled-substances ordinance.
PENALTY. Any person violating this
section shall upon conviction:
a-1.
Forfeit not less than $0 nor more
than $50, or, in default of payment, may be
imprisoned as provided by law.
a-2.
Forfeit not less than $250 nor more
than $500, or, in default of payment may be
imprisoned as provided by law if a person is
convicted of smoking marijuana in a public place.
b. Be permitted to perform community
service work and attend substance abuse
education and counseling in lieu of paying the
forfeiture under par. a.
Full Breakdown
Milwaukee treats public marijuana smoking as an aggravated version of its general possession offense. Simple possession under § 106-38 carries a forfeiture of $0 to $50, but a conviction specifically for smoking marijuana in a public place escalates that to $250-$500, with imprisonment possible only if the forfeiture goes unpaid. Violators may instead perform community service and attend substance abuse education and counseling in lieu of paying. The ordinance defines marijuana by reference to the Wisconsin Uniform Controlled Substances Act and includes a diversion clause shielding some first-time possession complaints from prosecution while charges are pending.
Violations & Fines
Smoking marijuana in a public place: $250-$500 forfeiture, versus $0-$50 for simple possession; unpaid forfeitures can lead to imprisonment as provided by law.
Frequently Asked Questions
Is smoking marijuana in public illegal in Milwaukee?
Can a violator avoid paying the forfeiture?
Sources & Official References
Other rules in Milwaukee
Compare Milwaukee to another location·View the Wisconsin public conduct overview
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Public Marijuana Use in Nearby Cities
How other cities in Milwaukee County handle public marijuana use.