Marijuana Laws and Policies: Legal, Decriminalized or Illegal?

First Published March 21 2023

Non-medical cannabis is popularly called marijuana, but it goes by many other names within countries and around the world. Some of the popular street names are weed, ganja, pot, spliff, dope and joint. After decades of prohibition, marijuana laws and policies are now being amended in many countries to reflect a more practical approach to a plant that has real medical value.

Of course, the cannabis plant has had both medicinal and psychotropic applications since antiquity, but that fact was dispensed with to achieve the ill-advised objectives of certain special interest groups that wanted it banned. The effect of marijuana on the brain – a concern when used recreationally – certainly requires serious study. However, there is clear scientific evidence that extracts from this plant are effective in treating a number of medical conditions.

Over the last century, the status of cannabis has engaged people’s attention more than any other drug policy. Its potential benefits have been well known to some, while inconsistencies in the enforcement of marijuana laws exemplify injustice to all who take notice.

The legalization of cannabis for medical use in the US state of California in 1996 served as a catalyst for changing attitudes towards the plant. Since that time, many nations and regional states have been amending marijuana laws to accommodate the prescription of cannabis for medical purposes, and in some cases for recreational use as well. However, there are international drug conventions that affect how countries adjust the legal status of marijuana. For example, some jurisdictions cite the conventions and opt to decriminalize rather than fully legalize marijuana for recreational use. It is important to understand the distinction between these terms.

The Merriam-Webster dictionary (online 5 Jan. 2022) defines decriminalize as follows:

“to remove or reduce the criminal classification or status of;

especially: to repeal a strict ban on while keeping under some form of regulation.”

Decriminalization usually entails no arrest, no jail time, and no criminal record in relation to the possession of a specified (relatively small) quantity of marijuana. The offender typically receives a civil citation which may lead to a fine.

On the other hand, legalization of marijuana generally means that its possession and use are permitted by law, subject to the stipulations stated in the specific law/s. The matter of arrest would only arise if a person exceeds the provisions of the law. For example, if the law allows individuals to legally possess up to 2 ounces of marijuana, then one may be prosecuted if found in possession of 3 ounces or more. In addition, marijuana laws generally define the conditions under which cultivation, transportation and commerce may be conducted, if allowed at all.

Where In The World Is Marijuana Legal? Get Important Information Here

1) – Legalized for Both Recreational & Medical Use

First Uruguay, then Canada chose to legalize cannabis for both recreational and medical use. In addition, a number of states within the United States such as California, New York, Colorado and others have also adopted this model. It’s not a free-for-all though, as the amount of cannabis that a person may possess at one time is restricted in all cases. Moreover, minors are not allowed to possess or use the drug. Cultivation, transportation and sale of cannabis are controlled by the applicable marijuana laws and enforced by government agencies.

2) – Medical Marijuana Legalized, Recreational Use Decriminalized

Countries such as Jamaica, Colombia, France, Portugal and Israel have opted to legalize medical marijuana and decriminalize possession of small amounts intended for recreational use. Civil penalties may apply in the case of the latter. Also, several US states such as Missouri, Minnesota, Louisiana, Maryland and Ohio have taken a similar approach.

It is noteworthy, however, that in the case of Portugal, formal drug rehabilitation is prioritized over any form of penalty.

3) – Limited Therapeutic Use, Recreational Use Strictly Banned

The United Kingdom, South Korea and a number of other countries allow for cannabis to be used medically to treat specified conditions, while recreational use is strictly banned. The same applies for some conservative states within the US, such as Georgia and Alabama.

4) – Court Declarations – Prohibition of Personal Use Unconstitutional

The high court ruled in three jurisdictions, namely Mexico, South Africa and Georgia (Europe) that marijuana laws prohibiting personal use were unconstitutional. In each case, the ruling, by default, restricts enforcement of laws that criminalize small quantities of marijuana held for personal use.

5) – Officially Illegal but Personal Use is Tolerated

There are certain countries where, though illegal, personal use of marijuana is tolerated, providing that it is bought and consumed within the confines of special shops or clubs. These nations include The Netherlands, Spain, Costa Rica and India. Thus, residents freely light up in the popular Dutch coffee shops, and similarly in certain Spanish members’ clubs. Likewise, cannabis drinks and other products are available in some Indian shops.

Note on The USA and Australia: Both countries ban cannabis use at the federal level but allow local states/territories to enact statutes and regulations that govern medical and recreational use.

However, in 2016, the Washington University School of Medicine in St. Louis, published research which indicated that the number of teens with marijuana-related problems has been trending downwards. The report adds “Similarly, the rates of marijuana use by young people are falling despite the fact more U.S. states are legalizing or decriminalizing marijuana use and the number of adults using the drug has increased.” 

As for medical applications of marijuana, a Gallup poll published in 2019, reported “14% of Americans Say They Use CBD Products.” The details show that “40% of users utilize CBD products for pain, 20% for anxiety, 11% for sleep.” Such appreciation for the medical benefits will only increase.

Furthermore, it is undeniable that economic benefits will flow from regulation while the strain on police resources will be considerably reduced. There is also the expectation that legalization will shrink the profits made from illicit trafficking.

Importantly, this website has already pointed out that even while marijuana laws are being reformed in most US states, the enforcement of these laws is accompanied by racism. Another important report by the ACLU in 2020 stated that “In every state, and in over 96 percent of the counties examined, Black people were much more likely to be arrested than white people for marijuana possession. Overall, these disparities have not improved. On average, a black person is 3.64 times more likely to be arrested for marijuana possession than a white person, even though Black and white people use marijuana at similar rates. In 10 states, Blacks were more than five times more likely to be arrested.”

Regulation of cannabis is vital to removing a major source of injustice from society.

Apprise Yourself of Marijuana Laws

Caution must be exercised in determining which parts of the world one may possess marijuana without being hit with harsh penalties. The wave of social mainstreaming is not universal. Conservative values in some Middle-Eastern and Asian jurisdictions shape tougher laws in those regions, while in the “Western world”, statutes and regulations are trending more liberal.

No one should travel for vacation or business and end up in jail and/or deportation due to being careless or ignorant of marijuana laws.

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References:

Brenan, Megan. “14% of Americans Say They Use CBD Products.” Gallup. AUGUST 7, 2019. Accessed 18 June 2022 from
https://news.gallup.com/poll/263147/americans-say-cbd-products.aspx

Dryden, Jim. “As more states legalize marijuana, adolescents’ problems with pot decline.” Washington University School of Medicine. May 24, 2016. Accessed 28 July 2022 from
https://medicine.wustl.edu/news/states-legalize-marijuana-adolescents-problems-pot-decline/#:~:text=Researchers%20at%20Washington%20University%20School,have%20legalized%20and%20decriminalized%20pot.

“A tale of two countries: racially targeted arrests in the era of marijuana reform details millions of racially targeted marijuana arrests made between 2010-2018.” ACLU. April 20, 2020. Accessed 15 June 2022 from
https://www.aclu.org/press-releases/new-aclu-report-despite-marijuana-legalization-black-people-still-almost-four-times

“Countries Where Weed Is Illegal 2022 | Countries Where Recreational Marijuana is Legal.” World Population Review. 2022. Accessed 21 August 2022 from
https://worldpopulationreview.com/country-rankings/countries-where-weed-is-illegal

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