Last verified: May 2026
The Milwaukee County DA Declination Policy
Milwaukee County District Attorney John Chisholm has applied a longstanding declination policy on simple-possession cases. The policy cites:
- Racial-disparity data from his own office showing disproportionate impact on Black Milwaukee residents.
- Resource priorities — the office concentrating on violent and high-priority offenses.
- Effectively de facto decriminalization for misdemeanor-level possession.
The Numerical Impact — March 2021 DA Report
Per a March 2021 Milwaukee County DA report:
- 2010: 4,785 marijuana possession arrests; 1,285 convictions in Milwaukee County.
- 2019: 1,927 arrests; 96 convictions.
The decade saw arrests fall ~60% and convictions fall ~93%. The trend reflects both the Chisholm declination policy and broader changes in Milwaukee Police Department enforcement priorities. Possession charges in Milwaukee County are now rare relative to neighboring jurisdictions.
The March 2021 16-1 County Board Vote
The Milwaukee County Board of Supervisors voted 16-1 in March 2021 to reduce the fine for ≤25g possession on county property to $1 (plus ~$100 in state-imposed court costs). The vote applies to county-owned property — courthouses, parks, parking lots, etc. — not to private property within the county or to state-owned property.
The City of Milwaukee’s 2015 Ordinance
The City of Milwaukee has a separate ordinance dating to 2015: ≤25g possession = $50 fine. The city ordinance has been the subject of repeated council reform efforts seeking to lower the fine further. Mayor Cavalier Johnson has supported ending criminal enforcement of small possession.
The Racial-Disparity Foundation
The Milwaukee declination policies rest in large part on the documented racial disparity in cannabis enforcement. ACLU of Wisconsin’s January 2025 State of Cannabis in Wisconsin report (using 2022 FBI UCR data): Black Wisconsinites were 5.29× more likely than white Wisconsinites to be arrested for marijuana possession, despite comparable usage rates. The disparity was up from 4.2× in 2018. Milwaukee’s majority-Black population produces particular concentration of disparity within Milwaukee County.
The Felony Cliff Reality — Even in Milwaukee
Even with declination policies, the Wisconsin felony cliff (Wis. Stat. § 961.41(3g)(e)) remains in effect. A Milwaukee County resident with a prior controlled-substance conviction in another state can face state felony charging if Wisconsin State Patrol or another agency outside Chisholm’s declination handles the arrest. Compare the broader pattern: declination is informal; state law is supreme.
Milwaukee’s Cross-Border Calculus
Milwaukee residents have ready cross-border access to Illinois adult-use cannabis. Drive distances:
- Milwaukee → Zion / Pleasant Prairie IL dispensaries: ~30 minutes via I-94.
- Milwaukee → Lake County IL dispensaries: ~45-60 minutes.
- Milwaukee → Chicago metro IL dispensaries: 90 minutes.
Per LFB April 2026 memo: $36+ million in WI tax revenue flowed to Illinois in 2024; the bulk of that flow originates from Milwaukee + southeast WI counties.
Practical Notes
- Milwaukee County DA declination is informal, not statutorily protected. State law remains supreme.
- City ordinance $50 fine applies to city-limit violations.
- County ordinance $1 fine applies to county-property violations.
- Felony cliff still applies to repeat-offender state-law charges.
- 30-minute drive to IL dispensaries — legal at point of purchase, illegal upon return crossing.
For in-depth cannabis education, dosing guides, safety information, and research summaries, visit our partner site TryCannabis.org
Related on this site: Madison & Dane County Cannabis De..., WI 15-Jurisdiction Decrim Patchwork, Send a Message.