Madison & Dane County Cannabis Decriminalization

Madison’s 1977 voter-approved ordinance was a national first. The November 2020 overhaul under Mayor Satya Rhodes-Conway permits adults 18+ to possess up to 28g in public or private with permission, and reduces any penalty to $1 plus court costs. Dane County DA Ismael Ozanne declines simple possession ≤4 oz; office handles ~13K cases/year and operates extensive Deferred Prosecution Program.

Legal Disclaimer: This information reflects Wisconsin cannabis law as of May 2026 and is for educational purposes only. It is not legal advice. Laws and regulations change — always verify current rules with the Wisconsin Department of Health Services (DHS) for Lydia's Law CBD; Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP) for hemp or a qualified attorney. Cannabis remains illegal under federal law.

Last verified: May 2026

The 1977 First-in-State Ordinance

Madison voters passed a marijuana-decriminalization ordinance in 1977 — a national first for direct-democracy cannabis policy. The original ordinance permitted adults 18+ to possess up to 112g (4 ounces) in private. The vote established Madison as one of the most reform-aligned cannabis jurisdictions in the United States — a posture maintained for nearly five decades.

The November 2020 Overhaul

Mayor Satya Rhodes-Conway co-sponsored the November 2020 ordinance overhaul with 18 alders; it passed essentially unanimously with one recorded "no" from Ald. Paul Skidmore. Provisions:

Adults 18+ may possess up to 28 grams in public or private with the property-owner’s, landlord’s, or tenant’s permission.
Penalty reduced to $1 plus court costs (typically $200–$300 total).
Applies to Madison city limits; does not extend to Dane County or surrounding jurisdictions.

Dane County DA Ismael Ozanne

Dane County District Attorney Ismael Ozanne has long maintained that law enforcement should not bring his office cases involving simple possession under four ounces. The Dane County DA’s office handles roughly 13,000 cases per year and operates an extensive Deferred Prosecution Program. Ozanne’s posture creates de facto county-wide simple-possession decriminalization for ≤4 oz, supplementing the city ordinance.

The Practical Effect

Within Madison city limits and Dane County:

City ordinance ≤28g: $1 + costs.
County declination ≤4 oz: state-law charges typically not pursued.
State-law-supremacy: ordinance does not bind Wisconsin State Patrol, surrounding-county sheriffs, or Department of Justice.

The Decriminalization Limit at the City Limits

The Madison ordinance is jurisdictionally bounded. Cannabis legally possessed in Madison becomes a state-law misdemeanor 30 minutes north on I-39 outside Dane County. The geographic boundedness of decriminalization is a chronic source of enforcement friction:

Madison residents commuting to Sauk County, Columbia County, Iowa County jobs face state-law exposure.
UW-Madison students traveling home to non-decriminalized counties face exposure.
Out-of-state visitors to Madison are subject to state-law charges if stopped en route to/from the city.

The Decriminalization vs. Federal-Law Disconnect

Madison ordinance does not affect federal-law cannabis prohibition. Federal-employer drug-testing (Fort McCoy military presence indirectly affecting Madison employees; UW-Madison federal-grant-funded research) remains uniformly prohibitive. Lydia’s Law CBD certification provides an affirmative defense for CBD oil but does not modify employer drug-testing rights.

The Madison Cultural Foundation

Madison’s decriminalization heritage rests on:

The Wisconsin Idea — UW-Madison’s public-service mission articulated by Charles Van Hise.
UW-Madison’s student-and-faculty population — consistently more pro-reform than the state baseline.
The Wisconsin Cannabis Activist Network (WISCOCAN) — Jay Selthofner, lead advisory-referendum organizer.
Dane County progressive coalitions — including the Black Caucus and labor coalitions that support drug-policy reform.