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Wauwatosa, WI Public Conduct: Public Marijuana Use (2026)

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

Key Facts

Governing section
Wauwatosa Municipal Code § 6.90.010
Only exception
Valid prescription from a licensed physician/pharmacist
Adopted
Ord. O-90-9, 1990; amended Ord. O-04-18, 2004
Penalty basis
General penalty, § 1.12.010 (no marijuana-specific fine)
Forfeiture range
$1 to $5,000, first offense
State backdrop
Wisconsin has not legalized cannabis

Summary

Wauwatosa's controlled substances chapter bars possessing any amount of marijuana or a derivative unless obtained directly from, or under a valid prescription from, a licensed physician or pharmacist for a valid medical purpose; violators face the code's general forfeiture penalty.

Possession of Marijuana. No person shall possess any amount of marijuana tetra-hydrocannabinois or any derivative thereof, unless the substance was obtained directly from, or pursuant to a valid prescription or order of, a licensed physician or pharmacist for a valid medical purpose. ... In any case where there is a violation of a city ordinance for which no penalty is provided, the person violating the same shall be subject to a forfeiture of not less than one dollar, nor more than five thousand dollars for each offense, except as provided in the following subsection.

Full Breakdown

010. The chapter first bars possessing any controlled substance contrary to the Uniform Controlled Substances Act, Wis. Stat. ' The section was adopted by Ord. O-90-9 in 1990 and amended by Ord. O-04-18 in 2004. Wisconsin has not legalized recreational or comprehensive medical cannabis, so this local ban operates without any state carve-out for adult-use possession; the only exception in the city text itself is a bona fide prescription-based medical use. 010, General Penalty. That section sets a forfeiture of not less than one dollar nor more than five thousand dollars for a first offense where no specific penalty is otherwise provided, rising to a floor of twenty-five dollars for a second or subsequent conviction, and makes each day of a continuing violation a separate offense. City ordinance violations in Wauwatosa are civil forfeiture matters, not misdemeanors, so imprisonment applies only if a defendant fails to pay an imposed forfeiture.

Violations & Fines

Because Chapter 6.90 sets no marijuana-specific fine, a possession violation under Section 6.90.010 is punished under the general penalty in Section 1.12.010: a forfeiture of one to five thousand dollars for a first offense, rising to a floor of twenty-five dollars up to two thousand dollars for a repeat conviction, plus court costs, with jail time reserved only for failure to pay the forfeiture.

Frequently Asked Questions

Is any amount of marijuana legal to possess in Wauwatosa?
No. Section 6.90.010 bars possessing any amount of marijuana or a derivative unless it was obtained directly from, or under a valid prescription or order of, a licensed physician or pharmacist for a valid medical purpose; there is no local recreational or general medical exception.
What is the fine for marijuana possession in Wauwatosa?
Chapter 6.90 does not set a specific fine for possession, so it falls under the citywide general penalty in Section 1.12.010: a forfeiture of not less than one dollar nor more than five thousand dollars for a first offense, with a higher floor for repeat convictions.
Can someone go to jail for marijuana possession in Wauwatosa?
Only indirectly. Wauwatosa ordinance violations are civil forfeiture matters, not misdemeanors, under Section 1.12.010, so jail applies only if a defendant fails to pay the forfeiture imposed by the court, not for the possession itself.

Sources & Official References

Other rules in Wauwatosa

All Wauwatosa rules

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