REGULATIONS CONCERNING CANNABIS.
Madison General Ordinances § 23.20
in effect23.20 - REGULATIONS CONCERNING CANNABIS.
(1) Definitions.
Consume means to smoke, inhale, exhale or ingest in any manner cannabis or cannabis derivatives.
Hemp is any part or derivative of the plants in the genus cannabis with a delta-9 tetrahydrocannabinol (THC) concentration of not more than 0.3 percent on a dry weight basis or per volume or weight.
Cannabis means all parts of the plants in the genus cannabis, whether growing or not; the seeds thereof; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant or its seeds. It does not include marijuana derivatives or any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks, fiber, oil, or cake, or the sterilized seed of the plant that is incapable of germination. It does not include hemp or synthetic chemical cannabinoids.
Cannabis derivative means any substance derived from plants in the genus cannabis that has a delta-9 tetrahydrocannabinol (THC) concentration of more than 0.3 percent per volume or weight. It does not include hemp or synthetic chemical cannabinoids.
Practitioner means:
(a) A physician, advanced practice nurse, dentist, veterinarian, podiatrist, optometrist, scientific investigator or subject to Wis. Stat. § 448.21(3), a physician assistant, or other person licensed, registered, certified or otherwise permitted to distribute, dispense, conduct research with respect to or administer or use in teaching or chemical analysis a controlled substance in the course of professional practice or research in this state.
(b) A pharmacy, hospital, or other institution licensed, registered, or otherwise permitted to distribute, dispense, conduct research with respect to, or administer a controlled substance in the course of professional practice or research in this state.
Private property means an area to which the public at large is not invited or permitted, such as a private residence.
Public property means any space to which the public is invited or in which the public is permitted.
School bus means a motor vehicle that is capable of carrying ten (10) or more passengers in addition to the operator of a motor vehicle for the purposes of transporting pupils to or from a public school, a private school, a technical college, or curricular or extracurricular activities.
(2) Possession. A person who is eighteen (18) years of age or older may possess cannabis or cannabis derivatives in an amount not to exceed twenty-eight (28) grams on public property with the permission of the property owner, landlord or tenant or on private property. Exceptions:
(a) Cannabis or cannabis derivatives may not be possessed in an amount greater than twenty-eight (28) grams on public or private property.
(b) Cannabis or cannabis derivatives may not be possessed within one thousand (1,000) feet of any private or public school premise.
(c) Cannabis or cannabis derivatives may not be possessed on a school bus.
(3) Consumption. A person who is eighteen (18) years of age or older may consume cannabis or cannabis derivatives on private property with the permission of a person who is lawfully on the property or on public property with permission of the owner, landlord or tenant. No person may consume cannabis or cannabis derivatives in a motor vehicle which is in operation. No person may consume cannabis or cannabis derivatives in violation of MGO Sec. 23.05 or Wis. Stats. Sec. 346.63.
(4) Prescription. Any person who has obtained cannabis or cannabis derivatives directly from or pursuant to a valid prescription or order of a practitioner while acting in the course of the practitioner's professional practice may possess cannabis or cannabis derivatives on public or private property and may consume cannabis or cannabis derivatives on private property with the permission of a person who is lawfully on the property or on public property with the permission of the owner, landlord or tenant.
(5) A violation of this Section shall be subject to a forfeiture of up to one hundred dollars ($100).
(Cr. by ORD-20-00109, 12-3-20)
Source: City of Madison, Wisconsin, Madison General Ordinances (Municode Library, library.municode.com)URL: https://library.municode.com/wi/madison/codes/code_of_ordinances?nodeId=COORMAWIVOIICH20--31_CH23OFAGPUPO_23.20RECOCAFetched: 11/1/2026
