Wisconsin has not legalized recreational marijuana. Public use is a crime statewide under Wis. Stat. Ch. 961. Milwaukee Code Ch. 106 §35 deprioritizes small-amount possession with a $1 civil forfeiture for first offenses.
Cannabis remains a controlled substance under Wis. Stat. Ch. 961 (Uniform Controlled Substances Act). Public consumption—smoking, vaping, or eating cannabis in a public place—exposes users to state criminal charges with no city authority to legalize use. Milwaukee Common Council adopted an ordinance reducing the local penalty for first-time possession of 25 grams or less to a civil forfeiture as low as $1, but this only narrows local citation discretion. MPD officers retain discretion to refer cases for state prosecution. Medical CBD is allowed in narrow circumstances under Wis. Stat. §961.32(2m). Federal law continues to classify marijuana as Schedule I, affecting employment and housing.
Smoking or consuming marijuana in public, on a sidewalk, in a vehicle, in a park, or anywhere visible to the public exposes users to state criminal charges plus possible federal collateral consequences.
See how Milwaukee's public marijuana use rules stack up against other locations.
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