What Decriminalization vs. Legalization Means for Cannabis
What Decriminalization vs. Legalization Means for Cannabis
For the past few years, cannabis has been a hot topic in the United States. Legalization is just one of many things states have pushed for with cannabis. There is also decriminalization, which is different from legalization but still affects how people can use and buy cannabis products. Decriminalization is more common than legalization but less popular among Americans. Who tend to prefer legalizing marijuana as an alternative to decriminalizing. In this article, we'll explore what decriminalization means for the future of cannabis regulation in America and why understanding these differences matters for everyone who uses or consumes this plant.
Decriminalization vs. Legalization?
Cannabis legalization refers to the removal or reduction of penalties for cannabis. Many states have legalized cannabis, including Virginia. A state statute codifies the state laws for cannabis. The state statute will generally cover the limitations of cannabis possession and specific penalties you can face. Laws differ on the medical use and recreational use of marijuana. You may need a medical marijuana card to qualify for medical marijuana. Although many states have legalized marijuana, it remains illegal on the federal level.
Decriminalization differs from legalization as it does not legalize drug use. In the case of decriminalization, this focuses on removing criminal charges. The substance is still prohibited by law, but the courts don't prosecute offenders. This may differ depending on the amount carried.
Cannabis decriminalization is a step in the right direction and can be seen as having less impact on drug users than full legalization. Decriminalization ensures that individuals caught with small amounts of marijuana aren't subject to arrest or criminal charges; however, they may face fines instead.
Which States Have Decriminalized Cannabis?
Many states have decriminalized cannabis through state orders or legislation. In Virginia, it is legal to possess cannabis at one's home for personal use and carry up to one ounce in public.
In some states, possessing small amounts of marijuana is a civil offense. In other words, you can't be arrested and imprisoned for possessing a small amount of cannabis, but fines could still punish you.
Public Perception of Marijuana
Just because cannabis is no longer a crime to possess in some states doesn't mean it's socially acceptable. Decriminalization is a positive step, but there are still many places where marijuana possession can result in legal problems. It's also important to remember that while you can now legally possess and use cannabis under state laws, it's still illegal at the federal level. The Controlled Substances Act classifies cannabis as a Schedule I drug. This means it has no accepted medical use and is highly addictive.
The DEA maintains control over how this law is enforced. They have denied petitions for rescheduling several since the 1990s. Most recently in 2016, following a recommendation by the FDA, they refused requests from state governors who wanted help regulating recreational markets in their states (though they did allow states with medical programs).
As long as cannabis remains illegal federally, people continue being arrested for possessing or selling marijuana despite state legalization. We'll never know what would happen if we just legalized it outright. This means we're unlikely to see any significant changes in public perception anytime soon. Over the years, the legalization of marijuana has become more popular. Biden recently called for the push to reclassify marijuana. According to Pew Research, about 88 percent of Americans favor the legalization of marijuana. For more exact numbers, 59% believe marijuana should be legal for medical and recreational use. Whereas 33 percent of Americans believe in legalization for only medical use. The overall American population overwhelming is in favor of marijuana legalization.
Harm reduction and Cannabis legislation?
Harm reduction is a public health approach to drug use that aims to mitigate the adverse effects of drugs on society. It's about reducing the harm of drug use, not about promoting it. Harm reduction isn't just for illicit drugs; it's also relevant regarding alcohol and tobacco.
Harm reduction is often used with other policies, like decriminalization or legalization. Still, there are many ways we can talk about how we might implement a harm-reduction approach. We need more research on cannabis regulation so we can have informed conversations about what works best.
What challenges are there in decriminalizing cannabis?
Cannabis decriminalization is not a perfect solution, but it may improve the current legal situation. Decriminalization would mean that penalties for cannabis possession, use, and cultivation would be reduced. However, there are still reservations about how this approach will work.
Cannabis decriminalization can take many forms: some states have reduced penalties only for possession, while others have legalized its cultivation. People with small amounts of marijuana in their possession will usually not go to jail; instead, they will face fines, community service, or some other penalty. It is important to note that even if you do not go to jail for possessing a small amount of marijuana, you may still face criminal charges if your state has not decided to reduce or increase the penalties.
The Bottom Line
To summarize, cannabis use can significantly impact many people's lives. It's critical to understand that decriminalization and legalization are two distinct issues, and each state must decide how to handle cannabis uniquely. More states are moving toward decriminalization and harm reduction rather than full legalization because it provides benefits such as lower costs for law enforcement resources and prisons while reducing racial bias in policing practices. However, these policies are still fraught with difficulties, such as ensuring everyone has access to medical treatment or knowing where your product came from before purchasing.
