# Decriminalisation vs legalisation

> Decriminalisation removes or reduces criminal penalties for some cannabis offences; legalisation creates a lawful framework for production, sale and use.

- Canonical: https://genetixbay.com/knowledge/glossary/decriminalisation.html
- Also written: decriminalisation, decriminalization, legalisation, legalization, decrim
- Glossary category: Legal and regulatory
- Status: Draft: awaiting expert review · Updated: 2026-10-31
- Licence: CC BY-SA 4.0 (https://creativecommons.org/licenses/by-sa/4.0/), attribute "GenetixBay cannabis glossary"

Decriminalisation and legalisation are different legal changes. Decriminalisation (US "decriminalization") keeps cannabis prohibited but stops treating some offences, usually possession of small amounts, as crimes: they become civil violations with fines, or are simply not prosecuted. Legalisation creates a lawful system: licensed growing and retail, rules on possession and [home grow](https://genetixbay.com/knowledge/glossary/home-grow.md), taxes, testing and labelling.

## In practice

Under decriminalisation there is usually still no legal way to buy, and cultivation or sale can remain serious crimes. Under legalisation, activity outside the licensed system, such as unlicensed sale or growing beyond limits, is still illegal. Some places combine the two, or legalise only medical access.

Rules differ by country, state, province and city, and change often. This is a general definition, not legal advice: check local rules.

## Don't confuse with

- **Depenalisation**: reducing penalties without changing the law's classification; often used loosely.
- **Tolerance policy**: authorities choosing not to enforce, without changing the law.

## Related terms

[Possession limit](https://genetixbay.com/knowledge/glossary/possession-limit.md), [Home grow](https://genetixbay.com/knowledge/glossary/home-grow.md), [Licensed producer](https://genetixbay.com/knowledge/glossary/licensed-producer.md), [Grey market](https://genetixbay.com/knowledge/glossary/grey-market.md), [Scheduling](https://genetixbay.com/knowledge/glossary/scheduling.md)