Drug decriminalization versus legalization: Here’s the difference

However, the new decriminalization law strips away these old-school law enforcement practices, making it so that minor drug offenders (those caught in possession of small amounts of these substances) are simply issued a fine and entered into a drug recovery program rather than being tossed into the criminal justice system.

That said, there is a preconceived notion about what Oregon is preparing to do. Some believe the state is about to launch a fully legal drug market, making every dangerous substance more accessible to addicts and first-time users. But that’s not what is happening.

There’s not going to be a legal system in place where a person can just walk into their local heroin store and buy whatever he or she wants. The new law simply prevents drug users from going to jail. Anyone busted for dealing drugs of any kind will still be subject to the same penalties now in place.

That’s decriminalization.

There are often possession limits, but as long as a person doesn’t exceed the legal limit, there isn’t any risk of law enforcement hassles. / PHOTO BY CHRISTINA LAKE CANNABIS

When a drug is legalized, such as cannabis has been done in a number of U.S. states, the law typically opens up a taxed and regulated market in which the substance can be manufactured and sold to adults 21 and older.

There are often possession limits — a consumer can’t just buy a pound of pot — but as long as a person doesn’t exceed the legal limit, there isn’t any risk of law enforcement hassles. There are no drug rehabilitation classes, no fines and definitely no jail, as long as the law is obeyed.

What the upcoming Biden administration is looking to do with marijuana is decriminalize it nationwide. Although details are not yet available, the plan will likely serve to eliminate the criminal penalties for those caught possessing small amounts of weed and ensure that none of these people are being incarcerated.

It will probably take it a step further by allowing those with minor pot convictions to have their criminal records expunged.

The measure would not legalize marijuana at the federal level, there wouldn’t be a retail system in place and the rules would it apply to any other drug. That means if a person gets caught with small amounts of heroin, chances are they are going to be arrested and charged with a felony, that person is caught in Oregon.

Biden, who is against legalization and has said in past he believed pot was a gateway drug, now thinks the country should give consumers the benefit of the doubt. / PHOTO BY GLETI / ISTOCK / GETTY IMAGES PLUS

Biden, who is against legalization and has said in past he believed pot was a gateway drug, now thinks the country should give consumers the benefit of the doubt. Still, he wants them to continue answering to their indiscretions to some degree, such as attending mandatory drug rehab if they are caught.

“I don’t believe anybody should be going to jail for drug use. They should be going into mandatory rehabilitation,” Biden said earlier this year. “We should be building rehab centers to have these people housed.”

Some officials believe decriminalization only makes the drug problem worse, and that without harsh penalties, more people will use drugs recreationally and could become full-blown addicts. But that hasn’t been the case in places that have implemented this policy.

Portugal decriminalized the possession of all illegal drugs in 2001, and the country still isn’t having the problems it once had. Instead, HIV-infections and drug-related deaths are down, and drug use has not suffered an increase. In fact, Portugal’s drug-use rates are well below the European average.