The Economist explains

The difference between legalisation and decriminalisation

By T.W.

THE war on cannabis seems slowly to be burning out. On February 26th it became legal to possess and cultivate small amounts of the drug in Washington, DC. Two days earlier, possession of pot had become legal in Alaska. Four states, as well as the capital, have now voted to legalise the recreational use of marijuana, and a further 19 have legalised it for medical purposes (often rather broadly interpreted). Uruguay has legalised the drug too. Other places have taken a different approach, decriminalising but not legalising. On February 25th Jamaica passed a law decriminalising possession of small amounts of ganja. Several other countries, mostly in Europe and Latin America, have done the same thing; Portugal has decriminalised the possession of all drugs. Many people mistakenly use the terms “legalisation” and “decriminalisation” interchangeably. What is the difference?

The illegal drug business causes damage on two fronts. Firstly, the drugs themselves do physical harm to at least some of the people who take them, mainly in the rich world but increasingly in new markets (Brazil is now the world’s biggest consumer of crack cocaine, for instance). Secondly, the trade enriches criminal gangs, which spread corruption and murder from Sydney to São Paulo. For a long time nearly every government thought that the best way to reduce both types of harm was to mete out harsh penalties to those who bought and sold drugs. But after several decades of that approach, with little to show for it, some are turning to alternative tactics.

Decriminalisation does not mean that people can use drugs with impunity. Instead it means that possessing small amounts no longer lands the perpetrator with a criminal record or a jail sentence. Under Jamaica’s new law, people caught with up to two ounces (57 grams) of cannabis can be fined, but not arrested or taken to court. Drug users in Portugal can be forced to attend classes aimed at getting them back on the straight and narrow. People found with cannabis in Italy may have their driving licences confiscated. By contrast, legalisation, of the sort enacted in Uruguay and a handful of US states, means that consumers face no penalty at all (unless, for instance, they smoke in public places). More importantly, it means that the supply side of the business—cultivation, transportation and retailing—is also legal. In Jamaica, selling cannabis will remain a crime; in Alaska it will soon be a legitimate, taxable occupation.

Is marijuana a gateway drug? (No.)

Decriminalisation may be a useful first step towards a saner approach to drugs. Battling a fearsome murder rate, Jamaica’s police surely have better things to do than arrest people for getting high. In any case, sending drug users to jail is usually an expensive waste of time. But decriminalisation’s flaw is that it does nothing to undermine the criminal monopoly on the multi-billion-dollar drugs industry. The decriminalised cocaine consumed without criminal consequences in Portugal is still supplied by the gangs who cut off heads in Colombia. Washington, DC’s version of legalisation is similarly flawed: although possession has been legalised, Congress has prevented the city from legalising the buying and selling of the drug. The capital’s pot business will therefore remain a criminal monopoly. The new law is good news for the people who harmlessly get high. But unless it is followed up eventually by legalisation of the supply-side of the business, it is also good news for the crooks who sell it.

This article has been updated to reflect recent news

Dig deeper:
Mapping marijuana legalisation (January 2015)
Who will be the Marlboro of marijuana? (November 2014)
Colorado embarks on an unprecedented experiment (January 2014)

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