Portage County, WI Public Conduct: Public Marijuana Use (2026)

Section 2.10.1 defines marijuana by cross-reference to Wis. Stats. §§ 961.14(4) and 961.01(14), drug paraphernalia by reference to Wis. Stats. § 961.571, and synthetic cannabinoid by reference to the controlled substances listed in Wis. Stats. § 961.14(4)(tb) to (ty) or their analogs. Section 2.10.2 directs that any court or authority determining whether an object is paraphernalia apply the factors in Wis. Stats. § 961.572, and that the weight of a substance for these purposes includes both the tetrahydrocannabinols and the marijuana carrying them. Section 2.10.3(1) bars possessing or attempting to possess tetrahydrocannabinols or synthetic cannabinoids, while Section 2.10.3(2) separately bars using or possessing paraphernalia with intent to plant, grow, manufacture, process, store, conceal or ingest a controlled substance under Wis.

Stats. ch. 961. This is a local, forfeiture-only alternative to a state criminal charge, and it does not apply, per Section 2.10.3(3), to anyone charged with possessing more than five grams of marijuana or with any amount of marijuana or synthetic cannabinoid following a prior Wisconsin conviction for the same; those cases proceed under state criminal law instead of the county citation. The ordinance applies countywide, including the unincorporated towns, and is enforced like the rest of Chapter 2 under the Sheriff's Department's general citation authority in Section 1.8.