Last verified: May 2026
The 15-Jurisdiction Roster
| Jurisdiction | Year | Limit | Fine |
|---|---|---|---|
| Madison (1977 first; 2020 overhaul) | 1977 / 2020 | ≤28 g (public/private with permission) | $1 + costs |
| Racine | 1990 | ≤25 g | $75 |
| Eau Claire (lowered 2018) | 2002 / 2018 | ≤25 g | $1 (~$138 with costs) |
| Milwaukee (city) | 2015 | ≤25 g | $50 |
| Oshkosh (lowered 2021) | 2018 / 2021 | ≤25 g | $75 |
| Milwaukee County (16-1 vote) | March 2021 | ≤25 g (county property) | $1 |
| Green Bay | 2022 | ≤28 g | $0 + ~$61 costs |
| Kenosha | 2023 | ≤25 g | $1 |
| La Crosse County | October 2025 | ≤28 g | varies |
| Plus Appleton, Marshfield, Monona, Stevens Point, Superior, Waukesha, Wausau (15 total per NORML tracker as of October 17, 2025). | |||
Source: NORML Wisconsin Local Decriminalization tracker. Wis. Stat. § 66.0107(1)(bm) authorizes municipal civil-forfeiture ordinances for ≤25 g possession on first offense, but only when no DA pursues criminal charges. State law remains supreme outside these jurisdictions; cannabis legally possessed in Madison becomes a state-law misdemeanor 30 minutes north on I-39.
The Statutory Authority
Wis. Stat. § 66.0107(1)(bm) authorizes municipalities to enact civil-forfeiture ordinances for ≤25g possession on first offense, but only when no DA pursues criminal charges. The state law remains supreme — local declination is at prosecutorial discretion.
The Patchwork’s Failure Modes
- Travel hazard. Cannabis legally possessed in Madison becomes a state-law misdemeanor 30 minutes north on I-39.
- Selective enforcement. Badger Institute analysis shows DeForest (pop. ~11,100) issued 22% more cannabis citations in 2023 than 2017 even as Dane County prosecutions collapsed.
- Persistent racial disparity. Even where ordinances exist, ACLU 2024 report found Black Wisconsinites 5.29× more likely to be arrested in 2022 (up from 4.2× in 2018).
- State-law supremacy. Wisconsin State Patrol troopers, county sheriffs outside ordinance jurisdictions, and DOJ are not bound by local ordinances.
- Felony cliff override. Wis. Stat. § 961.41(3g)(e) felony cliff applies state-wide. A 2nd-offense possession charge can be filed by state-level prosecutors regardless of municipal ordinance.
Notable Recent Additions
- La Crosse County (October 2025) — the most recent addition; ≤28g; varies.
- Green Bay (2022) — ≤28g, $0 + ~$61 costs. Aggressive elimination of possession fines.
- Kenosha (2023) — ≤25g, $1.
Limitations of the Patchwork Model
The patchwork is a partial reform substitute that operates at the margin of state law. It produces:
- Local relief for residents within ordinance jurisdictions.
- Continued state-law exposure for everyone else.
- Geographic inequity — Madison and Milwaukee residents face less risk than Wausau and Eau Claire residents (despite all three having ordinances; Wausau’s ordinance does not bind Marathon County state law).
- Disparate enforcement that the patchwork has not fully addressed (ACLU 5.29×).
Comprehensive reform requires state legislative action.
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..., Milwaukee & Milwaukee County Cann..., Send a Message.