Decriminalization

Definition and Process of Decriminalization

• Definition: Removal of criminal penalties for certain actions
• Legislative process involved
• Action remains illegal but without prosecution
• Can involve civil fines or regulated permits
• Coined by anthropologist Jennifer James
• Reverse process is criminalization

Examples of Decriminalized Acts

• Abortion
• Breastfeeding in public
• Drug possession and recreational drug use
• Euthanasia
• Gambling

Social and Moral Perspectives on Decriminalization

• Reflect changing societal views
• Acts considered not harmful
• Criminal justice system may not be suitable
• Examples: homosexuality and polygamy
• Varies across societies and countries

Impact of Decriminalization in Federal Countries

• Acts may be decriminalized by one level of government
• Subject to penalties by another level of government
• Decriminalization doesn’t eliminate all legal consequences
• Contrasted with legalization
• Example: Drug possession may still result in fines

Decriminalization in Drug Use

• Colorado Amendment 64
• Law Enforcement Against Prohibition
• Legal history of cannabis in the United States
• Marijuana Policy Project
• Psilocybin decriminalization in the United States

Decriminalization Data Sources