New Berlin, WI Public Conduct: Public Marijuana Use (2026)

Section 188-3 of the New Berlin Code of Ordinances, part of Chapter 188, Peace and Good Order, incorporates the criminal provisions of Wisconsin Statutes Chapters 941 through 948 and 951 by reference for local enforcement, substituting City terminology such as "offense" for "crime" and "New Berlin Municipal Court" for "court," per Section 188-2. 41(3g), Wis. 0107(1)(bm), Wis. " The ordinance goes further than a bare possession citation, extending the same municipal citation option to possession of more than 25 grams of marijuana, or to any amount following a prior Wisconsin conviction under Chapter 961, but only where the district attorney has dismissed the charges for the same conduct or declined to prosecute the case.

Practically, this gives a New Berlin police officer discretion, when marijuana is found on a person in a park, on a public sidewalk or elsewhere in the City, to resolve the matter through the municipal forfeiture system rather than a criminal referral to the Waukesha County District Attorney. 14(4)(tb), Wis. , subject to the identical prior-conviction and prosecutorial-declination conditions. Every citation issued under this section must carry the numbered statutory designation preceded by the prefix "188-3," per Subsection B, tying each local ticket back to the specific state statute it enforces.