
What Is the Difference Between
Legalization and Decriminalization of Marijuana?
Introduction
Decriminalization and legalization are two
terms related to marijuana use, but they mean very different things.
Decriminalization means that the law no longer
criminalizes certain behaviors related to marijuana use, whereas legalization
means the state has created a regulatory framework for commercial sales of
marijuana.
While this article will address both
decriminalization and legalization in detail, here's what you need to know:
It's legal
Decriminalization is a process where the
government removes criminal penalties for certain activities related to drug
use.
This does not imply that you can do whatever
you want with your drugs, though—you may still be subject to fines and other
civil penalties.
Medical marijuana is when legal access is
granted for therapeutic purposes only; recreational users cannot access the
substance legally unless they have a prescription from a doctor.
In some states, medical marijuana cards are
available only to patients diagnosed with specific conditions or diseases (such
as cancer).
Recipients must then apply for authorization
through their state's Marijuana Enforcement Division or Department of Health
Services before filling prescriptions at dispensaries throughout their state.
Recreational cannabis refers to any
marijuana not intended for medicinal use; it includes both controlled
substances that are legal under state laws but illegal at federal levels (such
as Colorado) as well as those whose possession would result in arrest even
though they're legal under local laws (like California).
Legality doesn't mean anyone
can get marijuana
You still need a medical marijuana card.?
You can't get it from a dispensary or grow
it at home.
You can't buy it from a friend or dealer.
Law enforcement won't go
after someone for possession alone
The main difference between
decriminalization and legalization is that possession of marijuana is still
illegal under decriminalization laws.
If you're caught with weed, you can still be
arrested and face fines or jail time.
Decriminalization doesn't mean that the
police won't arrest someone for a possession; it only limits the penalties a
person faces upon arrest.
So while they may not get thrown in jail for
possessing an ounce or less, they could still face steep fines or community
service hours on top of criminal charges.
Because these punishments are so minor
compared to what someone might get for selling weed illegally, usually ranging
from probation and community service to years in prison- many believe this
makes cannabis laws unfair because those who sell marijuana can face much
harsher penalties than those who consume it recreationally.
The legal framework for
dispensaries is more complicated for marijuana users.
Buying marijuana is more complicated for
users as well. A medical card from a doctor is required, and you must be at
least 18 years old to buy it.
You also have to have a valid ID, be a
resident of the state where you are buying the marijuana, and not have any
criminal history that would prevent you from buying it legally.
Finally, there is one final restriction on
purchasing marijuana. In most states where recreational use has been legalized,
buyers can only buy 1 ounce at a time (though some states allow more).
It's illegal
While you may use marijuana without fear of
arrest, this does not mean it is legal. It is illegal to own or use marijuana
unless you have a medical reason for doing so.
Suppose you're caught with marijuana without
authorization from a doctor or another official source. In that case, you can
face arrest and other penalties like fines and community service work.
In some states where recreational use has
been legalized (such as Colorado), the state government has created a law
enforcement agency that enforces regulations related to the recreational use of
marijuana.
This means some officers look out for people
using or selling recreational cannabis illegally or without proper
authorization from the state health department. Charges change from criminal
violations to civil infractions.
Decriminalization laws have been in effect
in several states since the 1970s, but they differ from legalization.
In a decriminalized state, you won't go to
jail for possessing marijuana, but charges change from a criminal violation to
a civil infraction.
Civil infractions are less serious than
criminal charges and typically punishable by fines or community service.
They're not considered convictions and don't result in a criminal record.
Law enforcement will no
longer prioritize these offenses.
Decriminalization is a process of changing
the law. It requires the cooperation of law enforcement officials to be
effective, who will no longer prioritize these offenses.
Decriminalization does not change the law;
rather, it directs police and prosecutors to stop arresting people for
possessing small amounts of marijuana.
Law enforcement still has every right to
arrest people for possession and can arrest people for selling marijuana.
Conclusion
We hope this article has clarified the
distinction between marijuana decriminalization and marijuana legalization.
We also want to remind you that if you are
caught with marijuana, it's important that you get a good attorney who can
defend you against these charges.
The attorneys at our firm have years of
experience fighting drug possession charges and can help protect your future
from serious consequences like jail time or deportation.