Your latest cannabis business info from Europe

Your latest cannabis business info from Europe

2023-06-07

Cannabis decriminalisation, depenalization, diversion, and legalisation

cannabis legislation decriminalisation depenalization legalisation diversion

How to understand differences between cannabis decriminalisation, depenalization, diversion, and legalisation?

On 5 June, EMCDDA released a publication about cannabis laws, approaches and recent changes in the European Union. They discussed the way countries should follow UN, EU and WHO regulations around cannabis. They also emphasised how crucial it is to understand the essential definitions that direct the discussion. Popular yet typically misinterpreted terms include decriminalisation, depenalization, diversion, and legalisation. We can better understand the different approaches used across various countries and regions by interpreting them.

What is decriminalisation from a cannabis point of view?

Decriminalisation is the process of removing the criminal implications connected to a specific action or practice, such as drug use or personal possession, including cannabis. It’s important to remember, nevertheless, that decriminalisation does not mean full legality. Even if the behaviour is no longer illegal, non-criminal punishments like fines or confiscation may still be imposed. Countries such as Luxembourg, Croatia, Portugal, and Slovenia have decriminalised drug use or private possession, mainly focusing on cannabis.

Cannabis depenalization case

Depenalization is the process of closing a criminal case without issuing a penalty. This usually happens when a case seems minor or when prosecution proves against the public interest. Depenalization policies are active in Austria, Germany, and Poland for example. They are providing an alternative to conventional criminal justice systems.

Cannabis diversion as a health-oriented response

Diversion refers to processes that redirect offenders away from the criminal justice system and toward health-oriented solutions.  People have alternatives to punishment, such as counselling, treatment, or social reintegration. People who are caught taking drugs or in possession of a small amount for personal use are directed away from criminal prosecution and into legal support and resources under Portugal’s system, which frequently serves as an example of diversion.

Eventually, cannabis legalisation

Making something legal requires declaring it to have previously been unlawful. This often entails removing both the criminal and non-criminal punishments connected to the behaviour in the context of drug policy. Legalisation does not, however, mean that all rules are removed.  To control the legal market, a regulatory framework may be put in place that includes age limitations and sanctions for non-compliance. Several US states, Canada, and Uruguay have all adopted different levels of cannabis legalisation. Furthermore, systems that legalise personal use and home cultivation have been established in nations like Malta and the Australian Capital Territory.

Understanding Different Approaches

These important definitions highlight the different approaches that different countries and regions have taken in developing their cannabis legislation. By eliminating cannabis criminal punishments while keeping non-criminal sanctions in place, decriminalisation offers a middle ground. Cannabis depenalization emphasises proportionality and attempts to deal with small offences without using punishment. Instead of using punishments,  diversion tries to offer help and health resources to people who are battling with drug addiction. Legalisation is a comprehensive move toward legality that frequently comes with cannabis regulatory frameworks.

Understanding key definitions regarding cannabis policy is vital for informed discussions and decision-making. Different approaches to cannabis regulation exist, each with pros and cons, including decriminalisation, depenalization, diversion, and legalisation. Countries all around the world are implementing different measures to find a balance between public health, individual rights, and societal issues as attitudes and understanding of cannabis change. Some of them, such as France, opened discussion around cannabis legalisation. Germany and Czech Republic are on their way. Policymakers and the general public can have important conversations about the future of cannabis legislation by understanding these definitions.

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