What’s the difference between decriminalizing drugs and legalizing drugs?
decriminalizing drugs usually means that possession is OK, but supplying is still illegal. Legalization means that you would be free to sell at the nearest supermarket.
Decriminalising means that you can be fined for possession–for, say, possessing a large amount or using it in particular locations–and the drugs confiscated, but that you will not face a court appearance or a criminal record.
Apparently I was wrong – you can still face court appearances and custodial sentences. At least, the relative decriminalisation in the UK still allows for this.
Apologies for bumping this thread but I thought I ought to correct myself.
I think you’re right to be confused, Crusoe. I’m starting to form the impression that downgrading the offence of possession of cannabis to a ‘non-arrestable’ status is likely to see a non-uniform application around the country.
FWIW, this is my reading of the new downgraded classification:
People can’t be arrested but they can be summonsed to appear in Court at a later date (i.e. they get something in the post and then go to Court) – whether police will bother to summons people or just issue a warning or (official) caution (neither of the latter being a ‘proper’ criminal offence) appears to be entirely in their discretion .
The headline two-year maximum sentence is there to take some of the heat from political opponents and other reactionaries.
Prior to decriminalisation, the offence of possession necessarily (in theory, though not always in practice) meant you were arrested, charged and (usually) given a small fine.
BTW, (and again in theory), this new policy doesn’t start until the middle of next year. But it seems it might not take very long for the effect to be felt.
It looks like in urban areas, it’s possible that police discretion will probably, in practice, amount to them turning a blind eye unless you’re a real pain in the arse (or take the piss) – if you’re relatively sensible, they’ll leave you alone.
Quite whether the law will be applied so liberally in small towns and suburbia, it’s difficult to say. I’d guess police policy will, to some extent, be influenced by the local community but I tend to think that policy will likely manifest mainly around the question of whether (relatively) high profile ‘cannabis cafe’s’ will be allowed to set up.
Certainly in areas of south London, the paint is beginning to dry on the walls of the new ‘growth’ industry (the cafe’s) and the general feeling is that the police aren’t/won’t be bothered with you unless you’re a nuisance. I guess we’ll see how it pans out in time.
FWIW, this new policy of decriminalisation puts the UK around the middle of ,what seems to be, a EU-wide policy. Some countries are further down the road, others are still to follow.
Just my opinion and it might change as things begin to unfold.