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Decriminalization vs Legalization: What You Need to Know

Marijuana has been in the spotlight lately with all the talk of legalizing and decriminalizing the drug in many states. While you may have an opinion over whether marijuana should be legal or not, you might not understand the difference between decriminalization vs legalization. Understanding specifically what each term means and what the potential consequences are if you are found with marijuana on your person is important to help prevent any future legal issues. 

In addition to determining the legal status of marijuana in your area, you should also consider the possible consequences of using marijuana. Some people can become dependent on this substance, and if that happens, you can rely on Hill Country to help support you. Call us at 1.844.675.1628 to learn more about our drug rehab in Texas.

Can You Get into Trouble for Marijuana Possession?

One big question on many people’s minds when they use or consider using marijuana is whether they can get into trouble or be arrested if found with the drug. The answer: It depends. Several factors come into play, such as:

  • Whether marijuana is legalized or decriminalized in your area
  • How much marijuana you have on your person
  • Your age

Currently, marijuana is not legal at the federal level; instead, it is based on state laws and, in some cases, county or city laws. Laws are continually changing regarding marijuana’s legal status, so it is wise to follow the policies in your area for the most current information. This can help you avoid any legal problems if there are restrictions where you live. And when traveling, be sure to check out the laws where you are going and for any state along your route. 

What Is the Difference Between Marijuana Legalization and Decriminalization?

Knowing the difference between decriminalization vs legalization can help you better understand your local laws and policies regarding marijuana use. Here is a breakdown of the difference between the two terms:

Marijuana Legalization

Marijuana legalization can be broken down into two types: medical and recreational. 

Medical Legalization

A person who obtains a doctor’s prescription for medical marijuana may obtain the drug from a dispensary and will not be arrested or experience any legal consequences for having the drug on themselves at any time. However, there are restrictions. Each state has its own definition of what constitutes a medical reason for prescribing marijuana, and there may be a limit on the amount you can possess at any one time.

Recreational Legalization

Recreational use of marijuana entails using the drug for any reason, regardless of whether it is medically diagnosed or not. Many people enjoy the calming effects of the drug and use it to alleviate anxiety and insomnia. States that legalize marijuana for recreational use allow you to have the drug on your person without any legal consequences. But like alcohol and tobacco products, there is an age requirement to possess the drug. In cities and states that have legalized recreational marijuana use, the required age is 21 and older. Also, just as with medical marijuana, each area sets limits for how much you can have on you.

Marijuana Decriminalization

Marijuana decriminalization is quite different from legalization, so if it has been decriminalized where you live, you need to understand what exactly that means. If your area has decriminalized but not legalized marijuana:

  • Being found with marijuana on your person is not considered a criminal offense.
  • You can still be charged with a minor misdemeanor.
  • You will not serve jail time, but you may receive a fine or be required to attend drug rehab.

Although many people hope to have marijuana legalized throughout the country, decriminalizing the drug is considered a positive step in that direction. People found with marijuana on them would no longer be subject to harsh sentences that would go on a criminal record and potentially harm their chances of getting employment or housing.

Contact Hill Country to Enroll in Drug Rehab in Texas

Even if marijuana is legal in your area, it is not 100% safe to use. Some people develop a dependence on the drug, which can lead to mental and physical health concerns. If you believe you might be dependent on marijuana, get the support you need to quit by calling Hill Country at 1.844.675.1628 or filling out the online form.

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