Decriminalization

In the context of cannabis, decriminalization means reducing or eliminating criminal penalties for possessing small, personal-use amounts of marijuana, while still prohibiting its sale or large-scale distribution.

(Say it with us: “I am not a cartel of one—I just host the best Tuesdays.”)

Under decriminalization, getting caught with a minor amount of cannabis typically results in a civil fine (which, if you’ve ever gotten one, doesn’t feel especially civil or fine, but still, it beats the alternative)—or confiscation of the substance, rather than arrest, jail, or a criminal record​.

Importantly, cannabis remains illegal under decriminalization (and therefore, some would argue, cooler; we respectfully disagree)—it’s just not prosecuted as a crime for individuals holding a modest quantity. For example, a state might decriminalize up to one ounce of marijuana, treating possession like a traffic violation (ticket) instead of a misdemeanor (one-way ticket to court).

Decriminalization stops short of creating a legal market; selling or growing can still be fully illegal. This policy aims to spare users, especially first-time or non-violent offenders, from harsh criminal justice consequences, without fully legalizing the drug (weak-sauce, yay).

Many jurisdictions have adopted decriminalization as a step between strict prohibition and full legalization, noting that it frees up law enforcement resources (“to do what?” you might but probably shouldn’t ask), and reduces the impact on people’s lives for what is seen as a low-level (and objectively chill) offense.

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