decriminalization

Decriminalization is a policy approach in which certain acts that would normally carry criminal penalties are treated as non-criminal offenses or subject to non-criminal penalties. In practice, possession of small quantities for personal use, or some low-level offenses such as public-order violations, may no longer be prosecuted as crimes. Instead, individuals may receive administrative fines, compulsory treatment, or referrals to social services. Crucially, decriminalization does not render the conduct legal; the act remains illegal, but criminal sanctions are removed or downgraded.

Decriminalization is distinct from legalization. Legalization removes all criminal penalties and generally allows the activity to occur under a regulated framework. Decriminalization retains illegality but reduces or redirects penalties toward non-criminal means. The two policies can overlap in practice, but their core effects on enforcement, penalties, and regulation differ.

Common areas of focus include drug possession for personal use and certain public-order or sex-work related offenses. The approach is often paired with public health-oriented services, such as addiction treatment, counseling, or social support, rather than incarceration. Critics argue that decriminalization may not deter underlying harm, could normalize prohibited behavior, or fail to address broader issues like trafficking or production. Others emphasize potential benefits, including smaller prison populations, reduced stigma, and better access to treatment, though effects depend on accompanying policies, resources, and enforcement.

A widely cited example is Portugal’s 2001 reform, which shifted possession for personal use from a criminal offense to a framework emphasizing assessment and treatment. Policy choices and outcomes vary by jurisdiction, reflecting different legal cultures and health-care capacities.