West Allis, WI Public Conduct: Public Marijuana Use (2026)
Key Facts
- Legal basis
- Wis. Stat. § 66.0107(1)(bm)
- Adopted state offense
- Wis. Stat. § 961.41
- Penalty type
- Municipal forfeiture, not criminal
- Large-amount limit
- Over 25 grams needs DA declination
- Adopting ordinance
- Ord. O-2014-0035 (2014)
Summary
West Allis police issue a municipal citation, not a criminal charge, for marijuana possession under home-rule authority, including use in public, unless the person has a qualifying prior conviction or over 25 grams.
Subject to the exceptions set forth in Section 961.41(3g)(intro.) and pursuant to the authority of Section 66.0107(1)(bm) of the Wisconsin Statutes, an officer may issue a citation for possession of marijuana. A police officer may also issue a citation for possession of more than twenty-five (25) grams of marijuana or possession of any amount of marijuana following a conviction in this state for possession of marijuana, provided that the district attorney dismissed charges for the same conduct or declined to prosecute the case. [Ord. O-2014-0035, 6/3/2014] Other Controlled Substance Offenses. Pursuant to the authority in Section 66.0107(1)(bn) of the Wisconsin Statutes, a police officer may issue a citation for possession of a controlled substance specified in Section 961.14(tb) to (ty), provided that a person previously convicted of possessing such controlled substances in this state may not be prosecuted under this provision for the same conduct unless the district attorney dismisses the charges or declines to prosecute. [Ord. O-2014-0035, 6/3/2014] Solicitation. Whoever, with intent that an offense be committed, advises another to commit that offense under circumstances which indicate unequivocally that he has such intent, shall forfeit an amount not to exceed the maximum provided for the completed offense.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: ?).
Full Breakdown
Under § 6.02, the City adopts Wis. Stat. § 961.41's marijuana-possession offense and authorizes officers to enforce it locally through Wis. Stat. § 66.0107(1)(bm), the state law letting municipalities substitute a forfeiture for a criminal charge. An officer may cite anyone found possessing or using marijuana in West Allis, whether on the street, in a park, or elsewhere, for a municipal forfeiture rather than referring the case to the District Attorney - except that possession of more than 25 grams, or any amount after a prior in-state marijuana conviction, can be cited only if the DA has dismissed or declined to prosecute.
Violations & Fines
A marijuana-possession citation is a municipal forfeiture capped at the fine or forfeiture set for the comparable state offense under § 961.41, plus prosecution costs - not a criminal charge.
Frequently Asked Questions
Will I be arrested for marijuana possession in West Allis?
Does a West Allis marijuana citation go on my criminal record?
Sources & Official References
Other rules in West Allis
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Public Marijuana Use in Nearby Cities
How other cities in Milwaukee County handle public marijuana use.