Opinion No. Oag 46-88, (1988)

BENJAMIN SOUTHWICK, Corporation Counsel Richland County

You ask whether counties can enact ordinances in conformity with state statutes prohibiting the possession and sale of marijuana.

In my opinion, the answer is no.

"[A] county board has only such powers as are expressly conferred upon it or necessarily implied from the powers expressly given or from the nature of the grant of power." Townof Vernon v. Waukesha County, 102 Wis.2d 686, 689,307 N.W.2d 227 (1981).

Section 59.07(64), Stats., does authorize counties to "[e]nact ordinances to preserve the public peace and good order within the…