Legalization vs. Decriminalization: The Difference Explained

by Michaela

The legalization and decriminalization of cannabis continue to spark debate in society and politics. As easy as it is to confuse the two terms, there are important differences.

The Difference Between Legalization and Decriminalization

The two terms are often used in the same context. However, they differ. Decriminalization primarily addresses the stigma of criminality associated with personal use. Legalization goes beyond that.

What “decriminalization” means

This means that possession of a small amount of cannabis is no longer considered a criminal offense.

  • However, this does not mean that private individuals are allowed to grow multiple plants to produce and sell larger quantities of cannabis, as the trade in cannabis remains prohibited.
  • Decriminalization is viewed by advocates as the first important step. This is because decriminalizing personal cannabis use also makes assistance and support services available. When users are no longer viewed as criminals and the topic of cannabis use is no longer taboo, people become more willing to seek help when needed.
  • An example of decriminalization is Portugal. There, all drug use was decriminalized 20 years ago. Drug possession is a misdemeanor, while dealing is a felony.

    Legalization of Cannabis

    If cannabis is legalized, trade in the substance would also be permitted. This is a hotly debated topic in drug policy, as it would have far-reaching consequences.

    • The following reasons are cited as advantages of cannabis legalization: It would be an effective step in the fight against organized crime in the context of drug trafficking. If people can purchase high-quality, regulated cannabis in licensed stores, this brings health benefits for consumers.
    • In Germany, doctors have been able to prescribe cannabis since 2017. Medical cannabis is used for pain relief.
    • Cannabis is already legal in some U.S. states. Anyone who is at least 21 years old is allowed to buy and consume cannabis there.
    • The cost savings from law enforcement, tax revenue, and the controllable quality of the drugs consumed are often cited as benefits of legalization.

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