There are few terms that muddle drug policy conversations as much as “decriminalization,” especially in North America. The term is routinely used to describe very different policies—from removing criminal penalties for possession to effectively eliminating enforcement altogether—making it harder to evaluate evidence and have coherent policy discussions. This essay aims to reduce confusion about what decriminalization means and offer insights that will hopefully improve future policy debates.
Let’s start with some context and clarifications.
Many drug policy researchers, the International Narcotics Control Board, and the European Union Drugs Agency define decriminalization as a legal change that makes possession or use of small amounts of an illegal substance for personal use a noncriminal offense. That does not make possession legal or require police to ignore these violations. Decriminalization usually changes the penalty to a fine (like a traffic ticket) and/or referral to services (e.g., substance use disorder treatment).
Unlike legalization, which is typically used to describe changes that make possession, use, and some forms of supply legal, prohibition is still in effect with decriminalization.
