Decriminalization and legalization are terms that hold importance for many individuals and groups who feel negatively impacted by certain actions being regulated or considered illegal. Although some people believe these terms are interchangeable, there are subtle differences between decriminalization and legalization that need to be understood before advocating for either.
What is Decriminalization?
Decriminalization refers to the process of changing the status of a prohibited substance or activity from illegal to not illegal. It is important to note that the substance or activity does not become legal, and law enforcement authorities may still make arrests as it is still regulated by the government. For instance, marijuana can be used as an example of a substance that could be decriminalized. In this case, possessing or selling small amounts of marijuana would not be considered criminal activities, as their status would change from illegal to not illegal, but not legal. Decriminalization removes the criminal label from a person involved with a substance or activity that was previously considered criminal, meaning no more criminal charges on people, although rules and regulations remain in place.
What is Legalization?
Legalization is the act of making a substance or activity that was previously illegal and prohibited by law, legal. For example, if prostitution is illegal and the government suddenly declares it legal, the legalization of prostitution has occurred. When prohibition is removed and a substance or activity becomes legal, people who were previously treated as criminals no longer need to worry.
What is the difference between Decriminalization and Legalization?
Key Takeaways
- Legalization makes a substance or activity completely legal, allowing individuals to partake without fear.
- If an activity is decriminalized, individuals involved will no longer be considered criminals and will not be arrested, although rules and regulations on the activities continue.
- Decriminalization of marijuana and legalization of marijuana are different conditions, with more proponents of decriminalization, as it allows the government to still regulate the use and trade of the substance while not treating those in possession as criminals.
