Cannabis: Decriminalization vs Legalization Explained

While marijuana remains illegal at the federal level and classified as a Schedule I substance under the Controlled Substance Act, lower-level cannabis laws in the U.S. vary drastically from state to state. Understanding the difference between “decriminalization” and “legalization” within the context of marijuana law is important for both individuals and society since, although these terms are often used interchangeably, they represent distinct approaches with different legal implications and societal impacts.

Decriminalization refers to reducing or eliminating criminal penalties for possessing small amounts of cannabis. Legalization, on the other hand, allows for the legal production, sale, and use of cannabis under regulated conditions.

At Freedom Road, we have the privilege of serving customers in both Oklahoma and Colorado, two states with very different rules and laws regarding the use and sale of marijuana. As such, we pride ourselves on our responsibility to educate those customers on the intricacies and nuances of the marijuana laws in their respective states. No matter which of our licensed dispensaries you visit, you can be confident you’ll receive clear, concise, and expert guidance from a trusted and knowledgeable source so you can make an informed choice with confidence.

Understanding Decriminalization and Legalization

When it comes to cannabis regulation, it’s important to know the difference between decriminalization and legalization. These two methods determine how states manage cannabis use and possession, affecting penalties and legal status.

Definitions

Decriminalization 

Decriminalization removes criminal penalties for possessing small amounts of cannabis. Instead of facing arrest or jail time, individuals may incur fines or other administrative penalties. This approach can be seen as a way to reduce the burden on the legal system and mitigate the negative impacts of criminal records on individuals, as highlighted in this report by the ACLU.

Example: In Colorado, cannabis possession was decriminalized in 1975. It was made a petty offense for possessing up to one ounce of cannabis, with a maximum fine of $100. Colorado has since legalized marijuana for both medical and recreational use.

Legalization

Legalization allows for the legal production, sale, and use of cannabis under regulated conditions. This includes establishing a legal market with provisions for taxation, quality control, and licensed distribution.

Example: Oklahoma legalized medical marijuana in 2018 through State Question 788. Approved patients, or their caregivers, are legally allowed to purchase marijuana from licensed dispensaries.

Key Differences

Understanding these distinctions helps clarify how different states approach cannabis regulation. Decriminalization often serves as an initial step towards broader legalization, but there may be significant differences in enforcement and consumer experience. For example, a look at the historical context of cannabis laws in the United States can demonstrate how different states have transitioned from strict prohibition to varying degrees of legalization.

Cannabis in Oklahoma

Oklahoma has had a long history of strict cannabis laws. Before 2018, marijuana was classified as a Schedule I controlled substance, and possession, sale, or use of marijuana could result in severe legal penalties, including hefty fines and lengthy prison sentences.

Legalization of Medical Marijuana

Oklahoma’s cannabis laws have changed in recent years with the start of the state’s medical marijuana program. In 2018, Oklahoma voters approved State Question 788, which made medical marijuana legal. This law set up a detailed system for growing, selling, tracking, and using cannabis for medical reasons.

The rules for medical marijuana in Oklahoma are meant to make sure patients who need it can access it while keeping strict control over how it’s cultivated and sold. Patients with a medical condition can get a recommendation from a licensed doctor to use cannabis. They can then apply for a medical marijuana card, which lets them legally buy from state-approved dispensaries.

These rules have had a big impact. Since State Question 788 passed, the number of dispensaries has soared. Oklahoma now has the most dispensaries per person in the United States. With more dispensaries, it’s easier for patients who need it to get good-quality cannabis products.

Recreational Marijuana Use

While medical marijuana is legal in Oklahoma, the recreational use of cannabis remains prohibited. Despite several attempts to introduce legislation or ballot measures to legalize recreational use, none have succeeded. The state’s focus has largely been on regulating the medical marijuana industry, with strict rules and guidelines in place.

While marijuana has not been decriminalized in Oklahoma, the state did take steps in 2017 to reduce penalties for recreational use. The possession of small amounts of marijuana was reclassified as a misdemeanor, regardless of the number of prior offenses. This change reduced the maximum penalty to a fine of up to $1000 and a maximum prison term of one year, a significant reduction from the previous harsher penalties.

We know you have more questions about medical marijuana in Oklahoma, so we have answers. Visit our Oklahoma Marijuana FAQs and Marijuana Laws in Oklahoma resource pages for more information.

Cannabis in Colorado

In 2000, Colorado was among the first states to legalize the use of medical marijuana with Amendment 20. This landmark decision set the stage for further cannabis reforms in the state.

Early Decriminalization Efforts

In the mid-1970s, there was a push in several states to decriminalize the possession of marijuana. In 1975, Colorado’s state legislature passed a law decriminalizing marijuana and reducing the penalty for possession of up to one ounce of cannabis to a $100 fine. This reflected a growing acknowledgment among Coloradans that cannabis-related offenses should not carry harsh penalties. Over the following decades, public opinion continued to change, and more residents supported the idea of legalizing cannabis for medical and recreational use.

The Road to Full Legalization

Colorado took a significant step forward in 2000 with the legalization of medical marijuana. This law allowed patients with qualifying conditions to use cannabis for medical purposes. From the early momentum of decriminalization to the legalization of medical marijuana, the state’s shifting attitude toward cannabis use laid the groundwork for broader legalization.

The early 2010s saw a growing number of advocates pushing for the legalization of recreational cannabis. In 2012, Colorado made US history by passing Amendment 64, which legalized recreational cannabis use for adults aged 21 and over. This groundbreaking law was one of the first in the nation and allowed individuals to possess up to one ounce of cannabis and grow up to six plants for personal use. The first legal sales began on January 1, 2014, marking a significant shift in the state’s approach to cannabis regulation.

The Impact of Decriminalization vs Legalization

Consumers need to understand the difference between decriminalization and legalization to make smart choices about cannabis and stay within the laws of their state. While decriminalization reduces the penalties for cannabis possession, it doesn’t provide the same legal protections and access to regulated products that legalization offers. Legalization opens the door to a fully regulated market and provides consumers with safer and more reliable access to cannabis products.

In comparing states like Oklahoma and Colorado, it becomes clear that the approach to cannabis regulation can lead to different consumer experiences.

Oklahoma’s decision to legalize medical marijuana has allowed patients safe access to cannabis to relieve a variety of health conditions. However, while the state has reduced penalties for recreational possession, it has not fully decriminalized or legalized recreational cannabis, which leaves those who choose to use it with legal risks.

Colorado’s broad legalization reflects society’s shifting attitude toward cannabis and has created a consumer-friendly environment. Its clear regulations provide legal safeguards and protections for both medical and recreational users.

Still have more questions about cannabis in Colorado? Visit our Colorado Marijuana FAQs and Marijuana Laws in Colorado resource pages for more information.

Freedom Road: Trust the Experts with Your Cannabis Experience

At Freedom Road, we are committed to helping our Colorado and Oklahoma customers navigate the complexities of the marijuana laws and regulations unique to their states. We understand the importance of safe, effective, legal, and locally sourced marijuana products, and we take seriously our responsibility to provide you with the most reliable and accurate information to help ensure you have a positive experience with your cannabis.

As cannabis laws continue to evolve, staying informed is key to understanding the legal protections and/or ramifications of your choices. If you need guidance on cannabis regulations or simply want to explore quality cannabis products, visit any of the Freedom Road locations in Oklahoma or Colorado, where you’ll find friendly, knowledgeable, and qualified staff who are just as passionate about consumer education as they are about the consumer experience. Whether you’re a seasoned user or just getting started, Freedom Road is here to help you on your cannabis journey.

FAQs

What is the difference between decriminalization and legalization of cannabis?

Decriminalization refers to reducing or eliminating criminal penalties for cannabis use, while legalization allows for regulated sales and use of medical and/or recreational cannabis.

How do cannabis laws differ between Oklahoma and Colorado?

Oklahoma has legalized cannabis for medical use only. Recreational use has not been fully decriminalized, but penalties for possession have been reduced. Colorado has fully legalized cannabis since 2012, allowing for regulated sales of both recreational and medical marijuana.

Has Oklahoma decriminalized recreational marijuana?

Despite several recent attempts to introduce legislation that would legalize recreational marijuana, it remains illegal in Oklahoma. Marijuana has not been decriminalized in Oklahoma, but in 2017 the possession of small amounts of marijuana was reclassified as a misdemeanor with a maximum fine of up to $1000 and a maximum prison term of one year.