What Does Cannabis Decriminalization Mean?

Cannabis is no longer the underground taboo it used to be. What was once viewed as a dangerous drug in the majority of countries around the world is now being viewed by many nations as less of a crime and a matter of health, choice, and personal freedom.  

And with this change of heart, many countries have been rethinking and reshaping their laws around the plant.  

But this shift isn't just about changing laws, it's about creating real-world effects. Multiple countries and cities around the world have shown that legalizing and decriminalizing small amounts of cannabis can allow law enforcement to focus on more serious crimes.  

For example, we can look at the city of Atlanta in the United States. One study found that after the city's decriminalization efforts, violent crime dropped by nearly 20%, showing that by shifting their focus from dime bags, the police were able to focus more on pressing issues that prioritize the public's safety.

And for the people who say that cannabis legalization and decriminalization will increase its consumption specifically amongst the youth, there are studies after studies which prove them wrong, like the 2004 study from the University of California, Santa Cruz, (which is in a city where cannabis is now legal) that found that decriminalization in the Netherlands did not lead to higher cannabis use compared to a more criminalizing city at the time like San Francisco.

In fact, patterns of use, age of first use, and regular consumption were very similar in both places, showing that easing penalties doesn't automatically increase cannabis use.

But with all of this going on, I know it may seem like decriminalization means that the plant is legal on the surface.

Well, this is not the case.

Decriminalization doesn't make cannabis fully legalized or regulated. All it does is replace criminal penalties like getting arrested, being thrown in jail, and receiving a criminal record with non-custodial penalties like fines, educational programs, or mandatory drug awareness programs.  

But that's not even the half of it, so in this post, I'm going to break down what cannabis decriminalization really means, how it differs from legalization, and why these policies are reshaping communities, law enforcement priorities, and social attitudes around the world.  

The Meaning of Decriminalization  

It's easy to assume that the decriminalization of marijuana is the same as it being legal, but it's actually very different. At its core, decriminalization reduces or removes criminal penalties for personal possession or casual use of marijuana. When it's in effect, it leads to individuals receiving non-custodial penalties such as:

• Drug Awareness/Treatment Programs
• Confiscation of Cannabis  
• An Education Program  
• A Warning or Citation  
• Community Service  
• A Fine  

So, while decriminalized doesn't mean legal, it does signal a shift in how a government is approaching cannabis, which is less on punishment and more on common sense and practical priorities.  

Decriminalization vs Legalization  

It's easy to mix up decriminalization and legalization, they sound similar and appear like similar modules on the surface, but they're actually quite different.  

Think of it like this: decriminalization is about reducing punishment, while legalization is about making something fully allowed under the law.  

When decriminalization laws are in place, the possession of cannabis for personal use is not treated as a criminal offense punishable with arrest or jail time. Instead, people in possession of cannabis and within the decriminalization laws will face the non-custodial penalty set out in the law.  

Legalization goes a step further. It removes penalties for cannabis cultivation, use, and possession and even allows regulated over-the-counter sales, often under rules similar to alcohol or tobacco.  

Global Models of Cannabis Decriminalization  

Cannabis laws vary across the globe, and every country has taken its own unique approach when it comes to cannabis decriminalization. Let's explore some notable examples.

Portugal  

In 2001, Portugal decriminalized the personal possession of all drugs, including cannabis. The aim of this was to reduce the number of HIV/AIDS cases in the country because it was estimated that over half of the new cases came from injecting drugs, and this change aimed to treat drug use as a public health issue rather than a criminal one. Ever since Portugal implemented their drug decriminalization efforts, studies have shown that new HIV/AIDS cases linked to drug injections have dropped from over 50% down to 1.7%.  

Netherlands  

After cannabis was separated from hard drugs like cocaine and heroin, and classified as a soft drug in 1976, the Netherlands has had a long-standing policy of toleration regarding its usage. While cannabis remains illegal, the sale and possession of up to 5 grams for personal use are decriminalized. This policy allows for the operation of "coffeeshops," where cannabis can be purchased and consumed on-site. This approach has created a semi-regulated market that reduces black market activity.  

Jamaica  

In 2015, Jamaica updated its Dangerous Drug Act, legalizing cannabis for medical use, allowing individuals to grow up to five plants in their homes, and legalizing the plant for people of the Rastafarian faith so they can use the plant for spiritual practices. However, they also decriminalized the public possession of cannabis; now, individuals in possession of 2 ounces of flower or less will not be arrested, charged, or tried in court. Instead, they will receive a fine of J$500, which is approximately $3.14 USD. These public decriminalization laws have significantly reduced the social and legal burdens associated with the plant's heavy criminalization.

Australia  

In Australian states like Victoria and Western Australia, instead of being arrested and sent to prison, individuals who are found in possession of specific amounts of cannabis will be given a caution or referred to a drug counselling scheme, depending on whether they have prior convictions. These changes have significantly reduced pressure on the Australian justice system and have also freed up police resources, enabling them to focus on serious crime and public safety.  

All of these global models show that there is no one-size-fits-all approach to cannabis decriminalization, and each country tailors their policies to suit its unique social, political, and economic contexts.  

Conclusion  

Marijuana decriminalization is a shift in perspective as well as a shift in law. It doesn't make marijuana fully legal, but reduces or removes criminal penalties from the act, while focusing on public health, education, and law enforcement priorities.  

Frequently Asked Questions

Does decriminalized mean legal?  

No, decriminalized does not mean legal. When something is decriminalized, it remains illegal under the law, and punishments like arrest and imprisonment are replaced with less severe penalties, such as fines, community service, educational programs, or counseling.

What Is the Difference Between Decriminalization and Legalization?  

Decriminalization still means something is still illegal, but it reduces or removes criminal penalties for a specific offence. Legalization, on the other hand, means that it is no longer an offence and it's entirely legal.  

Can I Get Arrested for Cannabis in a Decriminalized Area?  

It's unlikely that you will be arrested for committing an offence in a decriminalized area. However, it can still happen if you do anything outside of what is set in the policy.  

Is Decriminalization a Step Toward Full Legalization?  

It all depends on the country's goals. Some countries will maintain the law level on decriminalization. Others will use decriminalization as a first step, monitoring public health and social impacts before considering full legalization.  

Will Decriminalization Make Cannabis Available in Stores?

No, that comes with full legalization due to the legal market and regulated sales. Decriminalization just reduces or removes penalties.