What is the Difference Between Decriminalization and Legalization?

The main difference between decriminalization and legalization lies in the legal status of the drug and the consequences for possessing or using it. Here are the key differences:

Decriminalization:
Removes criminal sanctions against a certain drug, including its use or possession under a specified amount.
The substance is still prohibited generally, but the repercussions for being found in possession of the substance are no longer criminal.
Instead of incarceration, those found in possession of drugs could be redirected to services and have the drug seized.
The production and sale of the decriminalized drug are still prosecutable by law.
Decriminalization ensures that drugs remain federally-controlled and regulated.
Legalization:
Means that a once-banned drug is made legal, under federal or state law.
People can now acquire and possess the drug freely under state or federal law, although it can still be regulated.
The use and sale of the substance are permissible under legalization.
Legalization may come with some restrictions, such as age requirements for use or limits on the amount a person may carry or possess.
Suppliers may need licensure in order to sell the substance.

In summary, decriminalization reduces the legal penalties for drug possession and use, while legalization removes the legal prohibitions against the drug, allowing it to be used and sold under certain restrictions. Decriminalization does not mean the drug is legal, while legalization makes the drug legal under specific conditions.

On this page

What is the Difference Between Decriminalization and Legalization?

Comparative Table: Decriminalization vs Legalization

The key differences between decriminalization and legalization are summarized in the following table:

Aspect	Decriminalization	Legalization
Definition	Removing criminal sanctions for possession of a substance, but the substance is still prohibited in general.	Permitting the use of a substance by law, allowing people to acquire and possess the drug freely under state or federal law, although it can still be regulated.
Penalties	May still have civil penalties, such as fines or referrals to education or treatment programs, but no criminal penalties.	No penalties for possession or use under state or federal law, and usually no civil penalties.
Production and Sale	Illegal, with no legal, regulated supply available.	Usually legal and regulated, with a structure in place for production and sale.
Law Enforcement	Maintained or increased penalties for drug possession and sale, relying on jails and prosecution as a deterrent.	Penalties reduced or eliminated for drug possession and sale, allowing law enforcement to focus on treatment and education.
Public Perception	The substance remains prohibited, but possession is not treated as a criminal offense.	The substance is fully legal for recreational use, without fear of legal consequences.

Decriminalization removes criminal penalties for possession of a substance, but the substance is still prohibited and may still be subject to civil penalties. In contrast, legalization allows people to acquire, possess, and use the substance freely under state or federal law, without fear of legal consequences.

Guilherme Mazui

Guilherme Mazui is graduated in journalism from the Federal University of Minas Gerais (UFMG) and a master's degree in Communication from the University of São Paulo (USP). In addition, he has experience in advertising writing and has worked as a content editor in several companies.