Waukesha County, WI Public Conduct: Public Marijuana Use (2026)
Key Facts
- Statute adopted
- Wis. Stat. § 961.41(3g)(e)
- Max adult forfeiture
- $1,000 plus costs
- Enforcement
- Sheriff's Dept. and District Attorney
- Ages 12-17
- $10-$25 forfeiture or juvenile referral
- Nonpayment default
- County jail up to 90 days
- Applies in
- Unincorporated towns only, not cities/villages
Summary
Waukesha County adopts the state marijuana possession statute as a county forfeiture offense rather than a criminal charge. Under Code Sec. 13-102, a first possession violation of Wis. Stat. § 961.41(3g)(e) in the unincorporated towns draws a civil forfeiture of up to $1,000, enforced by the sheriff's department and district attorney.
(c) ... are hereby prohibited in the county, and are incorporated herein by reference, just as though fully set forth herein, but the penalty for violation under this section shall be limited to the forfeiture as hereinafter set forth: ... 13. 961.41(3g)(e) possession of marijuana; ... (d) The penalty for violation of subsection (c) shall be limited to the forfeiture as set forth below. ... 13. 961.41(3g)(e) possession of marijuana, not more than one thousand ($1,000.00);
Full Breakdown
Chapter 13, Article II adopts a list of state offenses by reference so the county sheriff can issue a citation instead of a criminal complaint. Possession of marijuana under Wis. 41(3g)(e) is item 13 on that list, and Sec. 13-102(d)(13) caps the county forfeiture for that offense at $1,000, exclusive of any statutory penalty assessment and court costs under Wis. 05. Sec. 13-101 assigns enforcement to the Waukesha County Sheriff's Department and the district attorney, and lets the director of the parks and land use department issue citations for violations occurring in county parks, including the Eble and Naga-Waukee Ice Arenas and the Retzer Nature Center.
Because the ordinance is countywide, it governs conduct in the unincorporated towns (Delafield, Genesee, Merton, Mukwonago, Oconomowoc, Ottawa, Vernon and Waukesha); the cities of Waukesha, Brookfield, New Berlin, Oconomowoc, Pewaukee and Muskego and the county's villages enforce their own municipal codes instead. Sec. 13-102(e) sets a separate, lighter scale for minors: a person aged 12 to 17 faces a forfeiture of $10 to $25 plus costs or referral to juvenile authorities under Wis. Stat. Chapters 48 or 938, and anyone under 12 is referred outright rather than fined. Nonpayment of an adult forfeiture converts to county jail commitment, capped under Sec. 13-102(f) at 90 days for a forfeiture over $200.
Violations & Fines
A first violation of Sec. 13-102(c)(13) draws a civil forfeiture, not a criminal record, capped at $1,000 under Sec. 13-102(d)(13) plus court costs and any Wis. Stat. § 757.05 penalty assessment. Nonpayment can mean commitment to the county jail, up to 90 days for a forfeiture over $200. Offenders aged 12 to 17 instead face a $10 to $25 forfeiture or referral under Wis. Stat. Ch. 48 or 938; anyone under 12 is always referred to juvenile authorities rather than fined.
Frequently Asked Questions
Is marijuana possession a criminal charge in unincorporated Waukesha County?
Who enforces this ordinance in the towns?
What happens if a teenager is caught with marijuana?
Does this ordinance apply inside the City of Waukesha?
Sources & Official References
Other rules in Waukesha County
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