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A policy reducing or eliminating criminal penalties for cannabis possession without fully legalizing its sale.
Decriminalization is a policy approach that reduces or eliminates criminal penalties for cannabis possession and personal use without fully legalizing commercial sale. Under decriminalization, possessing small amounts of cannabis typically results in a civil fine or citation rather than arrest, criminal charges, or jail time.
Decriminalization policies vary significantly. Some jurisdictions make possession a civil infraction (like a traffic ticket) with small fines. Others keep cannabis technically illegal but direct law enforcement to make it the lowest priority. Most decriminalization laws set quantity thresholds: possession below a certain amount (commonly one ounce) triggers the reduced penalty, while larger amounts may still carry criminal charges. Decriminalization does not create a legal market for production or sale, meaning consumers must still obtain cannabis through unregulated sources.
The key distinction is that decriminalization removes consumer penalties while legalization creates a regulated commercial market. Under decriminalization, there is no legal supply chain, no product testing, no tax revenue, and no quality control. Advocates for full legalization argue that decriminalization is an incomplete solution that perpetuates the illicit market. Supporters of decriminalization view it as a pragmatic first step that immediately reduces the harm of arrest and prosecution while society continues to debate broader policy changes.