{"id":352104,"date":"2023-10-02T17:51:35","date_gmt":"2023-10-02T22:51:35","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/criminal\/criminal-charges\/marijuana-legalization-and-decriminalization-overview.html"},"modified":"2025-05-12T15:45:09","modified_gmt":"2025-05-12T20:45:09","slug":"marijuana-legalization-and-decriminalization-overview","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/criminal\/criminal-charges\/marijuana-legalization-and-decriminalization-overview.html","title":{"rendered":"Marijuana Legalization vs. Decriminalization: What Are the Legal Differences?"},"content":{"rendered":"\n
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Marijuana Legalization vs. Decriminalization: What Are the Legal Differences?<\/h1>\n
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\n By Balrina Ahluwalia, Esq.<\/a> | Legally reviewed by Laura Temme, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

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Marijuana legalization involves state laws allowing the use, possession, and sale of marijuana, along with government regulation and taxation of the market. Decriminalization reduces the legal penalties associated with marijuana use and possession but does not legalize its sale or regulate its market.<\/p>\n\n <\/div>\n\n

The legalization and decriminalization of marijuana are relatively new concepts in the United States. But countries like Portugal and Holland have long addressed drug use as a public health matter rather than a crime.<\/p>\r\n

Some argue this leads to higher rates of substance use disorders and other negative mental health outcomes. But many studies point to its various social benefits<\/a> like reducing the burden on our criminal justice system. Regardless of your position, it\u2019s important to understand the implications of marijuana legalization and decriminalization.<\/p>\r\n

Current state regulations<\/a> vary widely. This can make the legal landscape surrounding marijuana tricky to navigate. Its criminalization at the federal level only adds to the confusion. If you\u2019re seeking clarity or have bumped up against these laws, consider consulting an experienced cannabis law attorney <\/a>about your specific situation.<\/p>\r\n

In this article, we\u2019ll review some basic principles you\u2019ll want to keep in mind. Let\u2019s start with some background information about the legalization and decriminalization of marijuana.<\/p>\r\n

What Is Legalization and Decriminalization?<\/h2>\r\n

Marijuana legalization and marijuana decriminalization are two different approaches to regulating the use and possession of marijuana<\/a>. Understanding the differences between them is important, as they have distinct legal implications.<\/p>\r\n

When discussing legalization and decriminalization laws, we\u2019ll use the terms \u201ccannabis\u201d and \u201cmarijuana\u201d interchangeably. Technically, however, cannabis is the general term for the plant species. Marijuana specifically refers to its psychoactive form (THC) used for recreational or medicinal purposes.<\/p>\r\n

Federal Marijuana Law<\/h2>\r\n

While many states have moved towards legalization and decriminalization, marijuana is currently criminalized at the federal level. The federal Drug Enforcement Agency (DEA)<\/a> classifies marijuana as a Schedule I drug under the Controlled Substances Act <\/a>(CSA). This means the DEA considers it to have:<\/p>\r\n