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What is the difference between something being completely legal and being completely decriminalized?

When is legalization a better alternative?What is the difference between a constitutional law and a lawDoes the state has the legal obligation to enforce the law?How did George W. Bush make torture legal and what did Obama undo?Does Donald Trump's reelection filing create a different legal atmosphere for him and for nonprofit organizations?Can someone explain the difference between Civil Rights, Civil Liberties and Freedoms?What are the arguments for and against Statutes of Limitations?What justice and legislative system reforms have been proposed that account for the absence of free will?What's the difference between a public office having 'discretion' over a 'mandate' to do something?Why is everyone afraid to give “legal advice”? What is the difference between legal advice and personal opinion?

17

1

What are the specific differences between something being legal and decriminalized, especially if it is labeled as completely legal/decriminalized? What examples of this exist?

law legislation

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asked 16 hours ago

J.ZelezJ.Zelez

1036

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• 
  
  
  

  
  3
  

  
  
  
  
  
  

  
  
  Can you clarify any specific country or jurisdiction?
  
  – JJJ
  10 hours ago
  

  
  
  
  

add a comment | 

17

1

What are the specific differences between something being legal and decriminalized, especially if it is labeled as completely legal/decriminalized? What examples of this exist?

law legislation

share|improve this question

asked 16 hours ago

J.ZelezJ.Zelez

1036

New contributor

J.Zelez is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.

• 
  
  
  

  
  3
  

  
  
  
  
  
  

  
  
  Can you clarify any specific country or jurisdiction?
  
  – JJJ
  10 hours ago
  

  
  
  
  

add a comment | 

What are the specific differences between something being legal and decriminalized, especially if it is labeled as completely legal/decriminalized? What examples of this exist?

law legislation

share|improve this question

asked 16 hours ago

J.ZelezJ.Zelez

1036

New contributor

J.Zelez is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.

share|improve this question

asked 16 hours ago

J.ZelezJ.Zelez

1036

New contributor

J.Zelez is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.

share|improve this question

asked 16 hours ago

J.ZelezJ.Zelez

1036

New contributor

J.Zelez is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.

asked 16 hours ago

J.ZelezJ.Zelez

1036

New contributor

J.Zelez is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.

asked 16 hours ago

J.ZelezJ.Zelez

1036

4 Answers
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24

Decriminalization means that some action (e.g., drug consumption) is no longer considered a criminal action, which means that you're no longer sent to jail or get a criminal record. However, you may still face fines, confiscation of relevant goods and other consequences.

Sources:

• 
  Decriminalization versus Legalization of Marijuana (ThoughCo)


• 
  The difference between decriminalisation and legalisation of sex work (New Statesman)


• 
  The difference between legalisation and decriminalisation (The Economist, behind paywall)


• 
  Decriminalization or Legalization? The Abortion Debate in Italy (Women & Criminal Justice)


• 
  The Polygamy Question (Janet Bennion, Lisa Fishbayn Joffe)

share|improve this answer

edited 12 hours ago

answered 12 hours ago

Frank from FrankfurtFrank from Frankfurt

1,0219

• 
  
  
  

  
  1
  

  
  
  
  
  
  

  
  
  +1 as this is the only answer (so far) which gets the point: the difference is the difference between not being a criminal offence and not being an offence at all (not even a civil offence).
  
  – Rosie F
  8 hours ago
  

  
  
  
  


• 
  
  
  

  
  2
  

  
  
  
  
  
  

  
  
  So if something got downgraded from a criminal offense to a civil infraction or something like that, that would be a decriminalization? (Sorry if I got my terminology wrong, I don't have any legal training, obviously).
  
  – EJoshuaS
  7 hours ago
  
  

  
  
  
  

add a comment | 

1

If something is illegal, it carries with it punitive measures. If it is decriminalized, it no longer carries such punitive measures. It is important to note though, that it may still be illegal. Often such laws eventually disappear through other legislation.

share|improve this answer

answered 13 hours ago

ouflakouflak

1,321612

• 
  
  
  

  
  

  
  
  
  
  
  

  
  
  Should your first sentence be something like "When something is made illegal, it carries with it punitive measures"? Although there are examples of token illegality, where something is made into a crime without a punishment.
  
  – origimbo
  13 hours ago
  

  
  
  
  


• 
  
  
  

  
  

  
  
  
  
  
  

  
  
  @origimbo How could something be illegal without having been made illegal? Laws don't come into existence spontaneously, they're made by people. It's only relevant if you're talking about a change in status (it wasn't illegal last year, now it is), but that doesn't affect whether there are punitive measures.
  
  – Barmar
  9 hours ago
  

  
  
  
  


• 
  
  
  

  
  1
  

  
  
  
  
  
  

  
  
  @Barmar All the answers have had to deal with the awkward linguistic gap between legality and enforcement. This was the first answer, and read literally says something like "all illegal things are punished. decriminalised things are illegal, but not punished", which is an interesting paradox. I was attempting to suggest one way out.
  
  – origimbo
  9 hours ago
  

  
  
  
  


• 
  
  
  

  
  

  
  
  
  
  
  

  
  
  @origimbo I think all the answers have an implied "generally", as non-punishable illegal acts are outliers, not what we generally consider the meaning of the word. Perhaps on Law it would be more important to make this distinction.
  
  – Barmar
  9 hours ago
  

  
  
  
  


• 
  
  
  

  
  

  
  
  
  
  
  

  
  
  The third sentence in this answer directly contradicts the first two.
  
  – BenM
  4 hours ago
  

  
  
  
  

add a comment | 

0

Caveat: IANAL and this is entirely dependent on jurisdiction.

In Australia, whether an offence is a crime or a misdemeanour is determined its classification in the Criminal Code Act 1995 and subsequent amendments.

Conviction of any act classified as criminal goes on public record (literally, a criminal record) and this has far-reaching consequences including ineligibility for employment by the civil service at state and federal levels, and also for specified types of employment such as teaching and childcare.

After criminal conviction society will no longer trust you, whereas the consequence of a misdemeanour conviction ends with the fine. Punishment for crimes may involve mandatory imprisonment; this is not (so far as I can determine on a cursory reading) the case for misdemeanours, which normally offer a choice between payment of a fine and imprisonment.

share|improve this answer

edited 1 hour ago

answered 1 hour ago

Peter WonePeter Wone

1012

New contributor

Peter Wone is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.

add a comment | 

-1

Something that decriminalized is still technically illegal, but there is no punishment for it and law enforcement does nor pursue people for it. People previously convicted of the crime are not usually pardoned.

share|improve this answer

answered 13 hours ago

useruser

8,71521936

• 
  
  
  

  
  3
  

  
  
  
  
  
  

  
  
  This is not true. Police officers routinely pursue people for traffic violations, most which are not "crimes" (felony/misdemeanor); they are the lower class of "infraction", not punishable by any jail time (although aggravating factors can cause what would otherwise just be an "infraction" to become a misdemeanor or even a felony).
  
  – Monty Harder
  9 hours ago
  

  
  
  
  


• 
  
  
  

  
  1
  

  
  
  
  
  
  

  
  
  What Monty said. At least in the context of the U.S. legal system, there are lots of civil offenses that aren't criminal, but still have punishments. You may be fined for speeding, for example, but it isn't typically a criminal offence.
  
  – reirab
  8 hours ago
  
  

  
  
  
  

add a comment | 

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24

Decriminalization means that some action (e.g., drug consumption) is no longer considered a criminal action, which means that you're no longer sent to jail or get a criminal record. However, you may still face fines, confiscation of relevant goods and other consequences.

Sources:

• 
  Decriminalization versus Legalization of Marijuana (ThoughCo)


• 
  The difference between decriminalisation and legalisation of sex work (New Statesman)


• 
  The difference between legalisation and decriminalisation (The Economist, behind paywall)


• 
  Decriminalization or Legalization? The Abortion Debate in Italy (Women & Criminal Justice)


• 
  The Polygamy Question (Janet Bennion, Lisa Fishbayn Joffe)

share|improve this answer

edited 12 hours ago

answered 12 hours ago

Frank from FrankfurtFrank from Frankfurt

1,0219

• 
  
  
  

  
  1
  

  
  
  
  
  
  

  
  
  +1 as this is the only answer (so far) which gets the point: the difference is the difference between not being a criminal offence and not being an offence at all (not even a civil offence).
  
  – Rosie F
  8 hours ago
  

  
  
  
  


• 
  
  
  

  
  2
  

  
  
  
  
  
  

  
  
  So if something got downgraded from a criminal offense to a civil infraction or something like that, that would be a decriminalization? (Sorry if I got my terminology wrong, I don't have any legal training, obviously).
  
  – EJoshuaS
  7 hours ago
  
  

  
  
  
  

add a comment | 

24

Decriminalization means that some action (e.g., drug consumption) is no longer considered a criminal action, which means that you're no longer sent to jail or get a criminal record. However, you may still face fines, confiscation of relevant goods and other consequences.

Sources:

• 
  Decriminalization versus Legalization of Marijuana (ThoughCo)


• 
  The difference between decriminalisation and legalisation of sex work (New Statesman)


• 
  The difference between legalisation and decriminalisation (The Economist, behind paywall)


• 
  Decriminalization or Legalization? The Abortion Debate in Italy (Women & Criminal Justice)


• 
  The Polygamy Question (Janet Bennion, Lisa Fishbayn Joffe)

share|improve this answer

edited 12 hours ago

answered 12 hours ago

Frank from FrankfurtFrank from Frankfurt

1,0219

• 
  
  
  

  
  1
  

  
  
  
  
  
  

  
  
  +1 as this is the only answer (so far) which gets the point: the difference is the difference between not being a criminal offence and not being an offence at all (not even a civil offence).
  
  – Rosie F
  8 hours ago
  

  
  
  
  


• 
  
  
  

  
  2
  

  
  
  
  
  
  

  
  
  So if something got downgraded from a criminal offense to a civil infraction or something like that, that would be a decriminalization? (Sorry if I got my terminology wrong, I don't have any legal training, obviously).
  
  – EJoshuaS
  7 hours ago
  
  

  
  
  
  

add a comment | 

Decriminalization means that some action (e.g., drug consumption) is no longer considered a criminal action, which means that you're no longer sent to jail or get a criminal record. However, you may still face fines, confiscation of relevant goods and other consequences.

Sources:

• 
  Decriminalization versus Legalization of Marijuana (ThoughCo)


• 
  The difference between decriminalisation and legalisation of sex work (New Statesman)


• 
  The difference between legalisation and decriminalisation (The Economist, behind paywall)


• 
  Decriminalization or Legalization? The Abortion Debate in Italy (Women & Criminal Justice)


• 
  The Polygamy Question (Janet Bennion, Lisa Fishbayn Joffe)

share|improve this answer

edited 12 hours ago

answered 12 hours ago

Frank from FrankfurtFrank from Frankfurt

1,0219

share|improve this answer

edited 12 hours ago

answered 12 hours ago

Frank from FrankfurtFrank from Frankfurt

1,0219

answered 12 hours ago

Frank from FrankfurtFrank from Frankfurt

1,0219

answered 12 hours ago

Frank from FrankfurtFrank from Frankfurt

1,0219

1

If something is illegal, it carries with it punitive measures. If it is decriminalized, it no longer carries such punitive measures. It is important to note though, that it may still be illegal. Often such laws eventually disappear through other legislation.

share|improve this answer

answered 13 hours ago

ouflakouflak

1,321612

• 
  
  
  

  
  

  
  
  
  
  
  

  
  
  Should your first sentence be something like "When something is made illegal, it carries with it punitive measures"? Although there are examples of token illegality, where something is made into a crime without a punishment.
  
  – origimbo
  13 hours ago
  

  
  
  
  


• 
  
  
  

  
  

  
  
  
  
  
  

  
  
  @origimbo How could something be illegal without having been made illegal? Laws don't come into existence spontaneously, they're made by people. It's only relevant if you're talking about a change in status (it wasn't illegal last year, now it is), but that doesn't affect whether there are punitive measures.
  
  – Barmar
  9 hours ago
  

  
  
  
  


• 
  
  
  

  
  1
  

  
  
  
  
  
  

  
  
  @Barmar All the answers have had to deal with the awkward linguistic gap between legality and enforcement. This was the first answer, and read literally says something like "all illegal things are punished. decriminalised things are illegal, but not punished", which is an interesting paradox. I was attempting to suggest one way out.
  
  – origimbo
  9 hours ago
  

  
  
  
  


• 
  
  
  

  
  

  
  
  
  
  
  

  
  
  @origimbo I think all the answers have an implied "generally", as non-punishable illegal acts are outliers, not what we generally consider the meaning of the word. Perhaps on Law it would be more important to make this distinction.
  
  – Barmar
  9 hours ago
  

  
  
  
  


• 
  
  
  

  
  

  
  
  
  
  
  

  
  
  The third sentence in this answer directly contradicts the first two.
  
  – BenM
  4 hours ago
  

  
  
  
  

add a comment | 

1

If something is illegal, it carries with it punitive measures. If it is decriminalized, it no longer carries such punitive measures. It is important to note though, that it may still be illegal. Often such laws eventually disappear through other legislation.

share|improve this answer

answered 13 hours ago

ouflakouflak

1,321612

• 
  
  
  

  
  

  
  
  
  
  
  

  
  
  Should your first sentence be something like "When something is made illegal, it carries with it punitive measures"? Although there are examples of token illegality, where something is made into a crime without a punishment.
  
  – origimbo
  13 hours ago
  

  
  
  
  


• 
  
  
  

  
  

  
  
  
  
  
  

  
  
  @origimbo How could something be illegal without having been made illegal? Laws don't come into existence spontaneously, they're made by people. It's only relevant if you're talking about a change in status (it wasn't illegal last year, now it is), but that doesn't affect whether there are punitive measures.
  
  – Barmar
  9 hours ago
  

  
  
  
  


• 
  
  
  

  
  1
  

  
  
  
  
  
  

  
  
  @Barmar All the answers have had to deal with the awkward linguistic gap between legality and enforcement. This was the first answer, and read literally says something like "all illegal things are punished. decriminalised things are illegal, but not punished", which is an interesting paradox. I was attempting to suggest one way out.
  
  – origimbo
  9 hours ago
  

  
  
  
  


• 
  
  
  

  
  

  
  
  
  
  
  

  
  
  @origimbo I think all the answers have an implied "generally", as non-punishable illegal acts are outliers, not what we generally consider the meaning of the word. Perhaps on Law it would be more important to make this distinction.
  
  – Barmar
  9 hours ago
  

  
  
  
  


• 
  
  
  

  
  

  
  
  
  
  
  

  
  
  The third sentence in this answer directly contradicts the first two.
  
  – BenM
  4 hours ago
  

  
  
  
  

add a comment | 

If something is illegal, it carries with it punitive measures. If it is decriminalized, it no longer carries such punitive measures. It is important to note though, that it may still be illegal. Often such laws eventually disappear through other legislation.

share|improve this answer

answered 13 hours ago

ouflakouflak

1,321612

share|improve this answer

answered 13 hours ago

ouflakouflak

1,321612

answered 13 hours ago

ouflakouflak

1,321612

answered 13 hours ago

ouflakouflak

1,321612

0

Caveat: IANAL and this is entirely dependent on jurisdiction.

In Australia, whether an offence is a crime or a misdemeanour is determined its classification in the Criminal Code Act 1995 and subsequent amendments.

Conviction of any act classified as criminal goes on public record (literally, a criminal record) and this has far-reaching consequences including ineligibility for employment by the civil service at state and federal levels, and also for specified types of employment such as teaching and childcare.

After criminal conviction society will no longer trust you, whereas the consequence of a misdemeanour conviction ends with the fine. Punishment for crimes may involve mandatory imprisonment; this is not (so far as I can determine on a cursory reading) the case for misdemeanours, which normally offer a choice between payment of a fine and imprisonment.

share|improve this answer

edited 1 hour ago

answered 1 hour ago

Peter WonePeter Wone

1012

New contributor

Peter Wone is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.

add a comment | 

0

Caveat: IANAL and this is entirely dependent on jurisdiction.

In Australia, whether an offence is a crime or a misdemeanour is determined its classification in the Criminal Code Act 1995 and subsequent amendments.

Conviction of any act classified as criminal goes on public record (literally, a criminal record) and this has far-reaching consequences including ineligibility for employment by the civil service at state and federal levels, and also for specified types of employment such as teaching and childcare.

After criminal conviction society will no longer trust you, whereas the consequence of a misdemeanour conviction ends with the fine. Punishment for crimes may involve mandatory imprisonment; this is not (so far as I can determine on a cursory reading) the case for misdemeanours, which normally offer a choice between payment of a fine and imprisonment.

share|improve this answer

edited 1 hour ago

answered 1 hour ago

Peter WonePeter Wone

1012

New contributor

Peter Wone is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.

add a comment | 

Caveat: IANAL and this is entirely dependent on jurisdiction.

In Australia, whether an offence is a crime or a misdemeanour is determined its classification in the Criminal Code Act 1995 and subsequent amendments.

Conviction of any act classified as criminal goes on public record (literally, a criminal record) and this has far-reaching consequences including ineligibility for employment by the civil service at state and federal levels, and also for specified types of employment such as teaching and childcare.

After criminal conviction society will no longer trust you, whereas the consequence of a misdemeanour conviction ends with the fine. Punishment for crimes may involve mandatory imprisonment; this is not (so far as I can determine on a cursory reading) the case for misdemeanours, which normally offer a choice between payment of a fine and imprisonment.

share|improve this answer

edited 1 hour ago

answered 1 hour ago

Peter WonePeter Wone

1012

New contributor

Peter Wone is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.

share|improve this answer

edited 1 hour ago

answered 1 hour ago

Peter WonePeter Wone

1012

New contributor

Peter Wone is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.

answered 1 hour ago

Peter WonePeter Wone

1012

New contributor

Peter Wone is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.

answered 1 hour ago

Peter WonePeter Wone

1012

-1

Something that decriminalized is still technically illegal, but there is no punishment for it and law enforcement does nor pursue people for it. People previously convicted of the crime are not usually pardoned.

share|improve this answer

answered 13 hours ago

useruser

8,71521936

• 
  
  
  

  
  3
  

  
  
  
  
  
  

  
  
  This is not true. Police officers routinely pursue people for traffic violations, most which are not "crimes" (felony/misdemeanor); they are the lower class of "infraction", not punishable by any jail time (although aggravating factors can cause what would otherwise just be an "infraction" to become a misdemeanor or even a felony).
  
  – Monty Harder
  9 hours ago
  

  
  
  
  


• 
  
  
  

  
  1
  

  
  
  
  
  
  

  
  
  What Monty said. At least in the context of the U.S. legal system, there are lots of civil offenses that aren't criminal, but still have punishments. You may be fined for speeding, for example, but it isn't typically a criminal offence.
  
  – reirab
  8 hours ago
  
  

  
  
  
  

add a comment | 

-1

Something that decriminalized is still technically illegal, but there is no punishment for it and law enforcement does nor pursue people for it. People previously convicted of the crime are not usually pardoned.

share|improve this answer

answered 13 hours ago

useruser

8,71521936

• 
  
  
  

  
  3
  

  
  
  
  
  
  

  
  
  This is not true. Police officers routinely pursue people for traffic violations, most which are not "crimes" (felony/misdemeanor); they are the lower class of "infraction", not punishable by any jail time (although aggravating factors can cause what would otherwise just be an "infraction" to become a misdemeanor or even a felony).
  
  – Monty Harder
  9 hours ago
  

  
  
  
  


• 
  
  
  

  
  1
  

  
  
  
  
  
  

  
  
  What Monty said. At least in the context of the U.S. legal system, there are lots of civil offenses that aren't criminal, but still have punishments. You may be fined for speeding, for example, but it isn't typically a criminal offence.
  
  – reirab
  8 hours ago
  
  

  
  
  
  

add a comment | 

Something that decriminalized is still technically illegal, but there is no punishment for it and law enforcement does nor pursue people for it. People previously convicted of the crime are not usually pardoned.

share|improve this answer

answered 13 hours ago

useruser

8,71521936

share|improve this answer

answered 13 hours ago

useruser

8,71521936

answered 13 hours ago

useruser

8,71521936

answered 13 hours ago

useruser

8,71521936