Tim says (he’s asked this question at least 3 times previously in various threads on marijuana): “This is a serious question, and not intended to troll. Can someone please explain to me the difference between decriminalization and legalization?” Well, Tim, why not do some independent research. But here goes.
Decriminalization = Downgrading the possession and/or use of a certain quantity of marijuana deemed “for personal use” from a felony to a misdemeanor and subjecting the possessor to a FINE in lieu of formal arrest. The quantity of marijuana deemed “for personal use” is defined under individual state law. For example, six ounces or less. New York and Ohio are two states which have decriminalized personal possession/use of marijuana. Decriminalization has these important features:
1) The offense does NOT appear on the offender’s criminal record as it is not defined as a felony. This is the most important feature of decriminalization since the offender is not stigmatized as a felon for the rest of his/her life.
2) The offender is not placed under arrest, taken to jail, and subjected to a trial, which creates an undue burden on the offender and the state. Instead, the offender is issued a ticket which defines the offense and a fine, released at the place of detention, and pays the fine either by mail or appearance in a misdemeanor court of law. Example: a first offense for marijuana personal use/possession in Ohio is a $100 fine.
Legalization = Possession, including medical marijuana, of a certain quantity of marijuana deemed “for personal use” is legal under state law. No detention. No fine. Same applies to a certain small quantity of marijuana plants being grown by an individual. It’s legal. Sounds great, doesn’t it? Fits right in with the simple-minded crowd who shout, “Legalize it and tax it.” Not so fast.
1) Legalization in Colorado and Washington has created large and expensive state bureaucracies to enforce their complicated laws. Brand new state licensing board employees and state inspectors for the growers, transporters, and sellers are two examples of state drones who will never go away.