Sun Prairie, WI Public Conduct: Public Marijuana Use (2026)
Key Facts
- Possession threshold
- 25 grams or less of marijuana
- First offense deposit
- $200.00 cash deposit
- Second/subsequent offense
- $400.00 cash deposit
- Added costs
- $28.00 court cost plus state assessments
- Marijuana defined by
- Wis. Stat. § 961.01(14)
- Statutory exception
- THC exception under § 961.41(3g)
Summary
Sun Prairie makes possessing 25 grams or less of marijuana a municipal forfeiture offense rather than routing every case to state criminal court, under Code § 9.08.060. A first offense draws a $200 cash deposit under the city's citation schedule, rising to $400 for a second or later offense.
1.20.040 - Schedule of deposits. ... 9.08.060 Possession of controlled substances 1st offense: 200.00 2nd offense: 400.00 Sub offense: 400.00 ... 9.08.060 - Possession of controlled substances. A.Notwithstanding any ordinance to the contrary, and subject to any exception created by law, it shall be unlawful for any person to possess twenty-five (25) grams or less of marijuana, as the term "marijuana" is defined in the Wisconsin Uniform Controlled Substances Act, as that act is hereafter amended. Marijuana is defined in Section 961.01(14), Wisconsin Statutes. There is a statutory exception in Section 961.41(3g), Wisconsin Statutes., for the possession of tetrahydrocannabinol (THC), which is defined as a form of marijuana, under certain limited circumstances, such as by prescription.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 71).
Full Breakdown
01(14), Wisconsin Statutes. 060 does not carry the criminal record a state drug charge would, though it still shows up as a municipal citation. 040 itself requires the city to add to every deposit, an amount that adjusts automatically if the state changes it. Definitions used in enforcing the section track Chapter 961, Wisconsin Statutes, including future state amendments or renumbering, so the local ordinance moves with state drug-schedule changes.
Violations & Fines
A § 9.08.060 citation carries its own fixed cash deposit under the city's Schedule of Deposits, § 1.20.040: $200.00 for a first offense, and $400.00 for a second offense or any offense after that. State-mandated assessments and a $28.00 court cost are added on top of the deposit amount, and the schedule updates automatically if Wisconsin changes its assessment amounts.
Frequently Asked Questions
Is marijuana possession a criminal charge in Sun Prairie?
How much is the fine for marijuana possession in Sun Prairie?
Are there any exceptions to Sun Prairie's marijuana possession ban?
Sources & Official References
Other rules in Sun Prairie
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Public Marijuana Use in Nearby Cities
How other cities in Dane County handle public marijuana use.