Wausau, WI Public Conduct: Public Marijuana Use (2026)
Key Facts
- Threshold
- 25 grams or less of marijuana
- Scope
- Applies in public and private locations
- Forfeiture
- $50.00 to $500.00, § 9.04.038
- Excluded
- Over 25g or prior WI marijuana charge
- Authority
- Wis. Stats. § 66.0107(1)(bm)
Summary
Wausau makes possessing 25 grams or less of marijuana a municipal violation citywide, whether in public or private, under Municipal Code § 9.04.037. A conviction carries a forfeiture of $50.00 to $500.00 under § 9.04.038, unless the person faces a state marijuana charge instead.
Pursuant to the provisions of Wis. Stats. § 66.0107(1)(bm), as amended from time to time, the possession of 25 grams or less of marijuana, as defined in Wis. Stats. § 961.01(14), and subject to the exceptions in the introduction of Wis. Stats. § 961.41(3g), is prohibited and shall be considered a violation of this chapter, except that any person charged with possession of more than 25 grams of marijuana, or who is previously or currently charged with possession of any amount of marijuana in the state of Wisconsin, shall not be charged under this paragraph. ... The penalty for violation of section 9.04.037 shall be a forfeiture of not less than $50.00 nor more than $500.00.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 12 Update 2).
Full Breakdown
037, enacted under the authority of Wis. 0107(1)(bm), makes possession of 25 grams or less of marijuana, as defined by Wis. 04 rather than a state crime, subject to the exceptions listed in the introduction to Wis. 41(3g). The ordinance does not distinguish between public and private possession, so it reaches marijuana carried or used on a public street, in a park or anywhere else within the city as well as in a home. Two carve-outs keep the local ordinance from overlapping with state prosecution: a person possessing more than 25 grams cannot be charged under this municipal section, and neither can a person who is currently or has previously been charged with possessing any amount of marijuana anywhere in Wisconsin.
In practice, this ordinance gives Wausau police a citation option, rather than an arrest, for a first-time small-quantity possession that would otherwise be referred to the county for state prosecution. 00, payable through Wausau Municipal Court. Both sections date to 1984, Ord. 61-4547, and remain in force after a 2021 general Code renumbering, Ord. 61-5877, § 28.
Violations & Fines
A Wausau marijuana-possession citation under § 9.04.037 carries a forfeiture of not less than $50.00 nor more than $500.00 under § 9.04.038, payable in Wausau Municipal Court rather than as a criminal fine. The citation option disappears once someone possesses more than 25 grams or already faces another Wisconsin marijuana possession charge; those cases proceed under state law instead of this ordinance.
Frequently Asked Questions
Is marijuana possession a crime or a ticket in Wausau?
Does it matter if I'm caught with marijuana in public versus at home in Wausau?
What if I've already been charged with marijuana possession before in Wisconsin?
Sources & Official References
Other rules in Wausau
Compare Wausau to another location·View the Wisconsin public conduct overview
See something wrong?
Help us keep this page accurate. If you notice an error or outdated information, let us know.
Public Marijuana Use in Nearby Cities
How other cities in Marathon County handle public marijuana use.