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

Heavy Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Governing section
Walworth County Code § 38-32
Possession threshold
25 grams or less
Scope limit
§ 38-31 excludes over-25g/repeat cases
Default penalty
§ 1-12: up to $1,000 or 6 months jail
State authority
Wis. Stats. § 59.54(25)

Summary

In unincorporated Walworth County, possessing 25 grams or less of marijuana anywhere in the county, including parks, streets and other public places, is a county ordinance violation enforced separately from the state's criminal marijuana law.

These county ordinances apply to unincorporated areas of Walworth County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

This article shall not apply with respect to any person who is charged with possession of more than 25 grams of marijuana, nor shall it apply to one who is charged with possession of any amount of marijuana, whether greater than or less than 25 grams, following a previous conviction for possession of marijuana in the State. ... Subject to the express exceptions set forth at Wis. Stats. § 961.41(3g)(e), the possession by any person of 25 grams or less of marijuana in the County is prohibited. For the purposes of this section, "marijuana" shall have the definition set forth in Wis. Stats. § 961.01(14).

View official code

Full Breakdown

Walworth County Code § 38-32 flatly prohibits possessing 25 grams or less of marijuana in the county, subject only to the narrow exceptions written into Wis. 41(3g)(e), and it borrows the state's definition of 'marijuana' from Wis. 01(14). Because the ban is not limited to a particular kind of property, it reaches possession in county parks, on public roads and in any other public place within the unincorporated towns, not just on private land. Section 38-31 caps how far this county ordinance can reach: it does not apply to anyone charged with possessing more than 25 grams, and it does not apply to anyone charged with possessing any amount of marijuana, above or below 25 grams, who has a prior marijuana possession conviction in Wisconsin.

Those larger or repeat cases fall instead under the state criminal code rather than this county ordinance. 00 and costs of prosecution, or in default of payment, imprisonment not to exceed six months, with every day of continuing violation treated as a separate offense. The county board adopted this possession ban under its authority in Wis. 54(25).

Violations & Fines

Because Article II of Chapter 38 sets no specific fine, the county's general penalty at § 1-12 applies: a forfeiture of up to $1,000.00 plus prosecution costs, or up to six months in jail if the forfeiture and costs go unpaid. Each day the violation continues counts as a separate offense.

Frequently Asked Questions

Is possessing marijuana in a county park treated differently than at home?
No. Section 38-32 bans possession of 25 grams or less anywhere in unincorporated Walworth County; the ordinance does not distinguish between a public park, a public road and private property, so possession in any of those places is a violation.
What amount of marijuana does the county ordinance cover?
Only 25 grams or less. Section 38-31 states the ordinance does not apply to anyone charged with possessing more than 25 grams, or to anyone with a prior Wisconsin marijuana possession conviction regardless of amount; those cases are handled under state criminal law instead.
What is the penalty for a first marijuana possession citation?
Chapter 38, Article II sets no separate fine, so the county's general penalty in § 1-12 applies: a forfeiture of not more than $1,000.00 plus costs, or up to six months in jail if that forfeiture and costs are not paid.

Sources & Official References

Other rules in Walworth County

Fence Regulations: Height LimitsSome RestrictionsPublic Alcohol UseSome RestrictionsSkateboarding RulesSignificant RestrictionsParking Rules: Driveway RulesSome RestrictionsParking Rules: Loading ZonesSome RestrictionsParking Rules: Snow Removal Parking RulesSome RestrictionsParking Rules: Abandoned VehiclesSignificant RestrictionsFence Regulations: Retaining WallsSome Restrictions

All Walworth County rules

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