I have heard about marijuana being "decriminalized" and have read the definition of this term, but can someone tell me how that differs exactly from legalization of the drug?
2007-03-08 13:40:13 · 3 answers · asked by Amy 3 in Politics & Government ➔ Law & Ethics
If something is criminal, then removing the laws that punish the activity make is no-longer-criminal. That's "de-criminalizing" the behavior.
If there are no laws prohibiting an action, then it is neither explicitly legal nor illegal. So, it is allowed, absent anything to the contrary.
Passing a law that says "X is allowed" is "legalizing" it.
Use or possession of marijuana is illegal (criminal) under federal law. It is also legal under the laws of some states for medical use. So, a person in those states who uses pot for medical purposes cannot be punished under state laws. But they can still be arrested and punished under federal anti-drug laws.
De-criminalizing marijuana at the federal level means that state laws would control. So, a state could allow it (make it legal) or prohibit it (make it criminal) or do neither.
2007-03-08 13:48:18 · answer #1 · answered by coragryph 7 · 0⤊ 0⤋
If it's legalized you can buy it in a store and pay sales tax. If it's just decriminalized, you get caught with it, they take it away and maybe give you a fine, but it's like getting a speeding ticket, not really a criminal record like if you were caught stealing.
2007-03-08 21:49:06 · answer #2 · answered by dBalcer 3 · 0⤊ 0⤋
Legalization makes it legal. Decriminalization keeps it illegal, but doesn't make it part of your criminal record.
2007-03-08 21:49:04 · answer #3 · answered by Nihl_of_Brae 5 · 2⤊ 0⤋