As the world continues to evolve towards a broader psychedelic curiosity, the acceptance of drug use is changing. More and more, countries worldwide are lessening restrictions on personal use and possession and seeing positive results. There are fewer arrests, lower criminal justice costs, less overdose, and increase uptake in treatment and recovery centers. It seems that the legalization and decriminalization of drugs are paving the way towards the betterment of many societies. What exactly is the difference between these terms, and what countries are choosing to change their ways? Read on to find out.
What Is the Difference Between Decriminalization and Legalization?
Illegal and criminal are two different terms that one must understand when discussing the legalization and decriminalization of drugs.
Legalization means that a particular item or action is entirely legal. For something like cannabis to become legal means that smoking a joint will not come with legal consequences — so long as all rules surrounding the action are followed. For example, it’s not permitted to smoke weed while driving a car, but perfectly acceptable in the privacy of home or wherever cannabis is legal.
Decriminalization means that criminal penalties associated with an act are no longer mandated. So, if cannabis was decriminalized and someone was found to be smoking, there may be a slap on the wrist but without criminal punishment. Usually, once something becomes decriminalized, it is more likely to become legalized in the coming years.
Who Enforces Drug Laws?
In the United States, the Drug Enforcement Administration (DEA) is responsible for enforcing the Controlled Substance Act and all regulations pertaining to a controlled substance. It is their job to create programs surrounding controlled substances and reduce the production and sale of illicit drugs. They must also prevent illegal substances from coming into the United States. The DEA has 91 foreign offices in 68 countries.
Why Do We Have Drug Standards and Drug Laws?
Drugs are regulated to ensure public safety. Regulation helps ensure that only high-quality drugs that are safe for all people are released into the public. However, these regulations are not perfect and many drug laws are incredibly flawed, resulting in unnecessary incarceration.
Again, consider the case of cannabis legalization. In states with legal medical or recreational programs, cultivators must adhere to a strict set of guidelines throughout their growing and manufacturing process. These regulations ensure a product that is free from contaminants, pesticides, mold, heavy metals and other toxins. It is in the government’s best interest to regulate and control many other substances that provide similar value. This is the most intelligent, safest way to ensure that accidents and crime related to drug use are lowered.
The Legalization and Decriminalization of Drugs
When it comes to the legalization and decriminalization of drugs around the world, the laws are diverse. To date, marijuana is the most widely accepted drug for both medical and recreational use. Continued research will further promote other psychedelics in a fight to end the war on drugs.
Marijuana
Legalized: Marijuana is medicinally legal in Argentina, Australia, Barbados, Bermuda, Brazil, Canada, Chile, Columbia, Croatia, Cypress, Czech Republic, Denmark, Ecuador, Finland, Georgia, Germany, Greece, Ireland, Israel, Italy, Jamaica, Lebanon, Lithuania, Luxembourg, Malawi, Malta, Mexico, Netherlands, New Zealand, North Macedonia, Norway, Peru, Poland, Portugal, Saint Vincent and the Grenadines, San Marino, South Africa, Sri Lanka, Sweden, Switzerland, Thailand, United Kingdom, parts of the United States, Uruguay, Vanuatu, Zambia, and Zimbabwe.
Decriminalized: Antigua and Barbuda, Argentina, parts of Australia, Austria, Belgium, Belize, Bermuda, Bolivia, Canada, Chile, Columbia, Costa Rica, Croatia, Czech Republic, Dominica, Ecuador, Estonia, Israel, Italy, Jamaica, Luxembourg, Malta, Mexico, Moldova, Netherlands, Paraguay, Peru, Portugal, Saint Kitts and Nevis, Saint Vincent and the Grenadines, Slovenia, Spain, Switzerland, Trinidad and Tobago, Uruguay, and parts of the United States have all decriminalized marijuana for recreational use.
Psilocybin
Legalized: Psilocybin is entirely legal in the Bahamas, Brazil, Jamaica, Nepal, Netherlands, and Samoa. Several countries have tricky laws where it’s not illegal to grow psilocybin mushrooms, but it is illegal to sell or consume. This includes Austria, the British Virgin Islands, and South Africa.
Decriminalized: Possession is decriminalized in Austria, Chile, Cypress, Czech Republic, India, Italy, Portugal, Spain, Switzerland, and Uruguay. In the United States, several cities have voted to decriminalize including Ann Arbor, MI; Denver, CO; Oakland, CA; Santa Cruz, CA; Somerville and Cambridge, MA; and Washington, D.C. Psilocybin mushrooms are legal in Oregon for medical purposes and were decriminalized for recreational use in 2020.
Methamphetamine
Legalized: Production is legal in Australia, although methamphetamine is a controlled substance and only available for use in certain governed circumstances. In Italy, possession is permitted for personal use only and sale, transport, and production are legal for medicinal and scientific purposes. Hong Kong follows suit with Italy when it comes to researching methamphetamines, but recreational use is not permitted. The United States allows for medical use and is only approved by doctor prescription, although many physicians do not endorse methamphetamine as medicine.
Decriminalized: Portugal has decriminalized methamphetamine up to one gram of personal possession.
Ayahuasca
Legalized: Brazil, Costa Rica, Italy, Peru, and Romania have fully legalized ayahuasca. As a result, many of these countries offer ayahuasca retreats to visitors.
Decriminalized: Portugal has decriminalized possession, but cultivation, sale and transport remain illegal.
Mescaline
Legalized: Mescaline is legal for religious use in the United States. Sweden, Ukraine, and the United Kingdom do not have any laws prohibiting psychoactive cacti and therefore do not prosecute for the use of mescaline. Some territories in Australia have legalized cultivation.
Decriminalized: Oregon has decriminalized all drug use as of 2021.
Peyote
Legalized: Peyote can be legally grown in Canada for ornamental purposes but is not fully legal for use. Peyote is legal for religious use in the United States.
Decriminalized: Oregon has decriminalized all drug use as of 2021.
Heroin
Legalized: To date, heroin is not fully legalized and approved for recreational use.
Decriminalized: In 2021, Oregon became the first state in the United States to decriminalize heroin, allowing users to avoid arrest for possession in small amounts. As with all drugs, heroin is decriminalized in Portugal.
Cocaine
Legalized: Australia has legalized cocaine for medicinal use, allowing for cultivation, sale, transport, and personal consumption. Cocaine is also legal medicinally, however, possession remains illegal. Germany and the United States also have a legal medical option where a doctor can administer it in a clinical setting. Columbia, Mexico, and Peru have fully legalized possession and consumption of cocaine.
Decriminalized: Possession has been decriminalized in Argentina, Bolivia, Brazil, Czech Republic, Germany, Greece, Portugal, Switzerland, and in Oregon, United States.
LSD
Legalized: Currently, Mexico is the only country to legalize LSD, allowing for possession up to 15 micrograms.
Decriminalized: Portugal and Oregon, United States have decriminalized the possession of small amounts of LSD.
MDMA
Legalized: While most countries have not legalized any use of MDMA, Peru allows the possession of up to 250 mg, but it must be the only drug in possession. In the United States, the FDA has regulated MDMA in medical settings and continued medical research.
Decriminalized: Portugal and Oregon, United States have decriminalized the possession of small amounts of MDMA.
Ketamine
Legalized: Ketamine is legal with a prescription in the United States and is used to treat many mental health conditions. It is also widely studied for its multiple health benefits in a clinical setting. Ketamine is available medicinally in the United Kingdom as well.
Decriminalized: Portugal and Oregon, United States have decriminalized the possession of small amounts.
Do Your Research!
This list is not exhaustive of all laws and regulations. For example, just because a substance is legalized for possession does not mean that it is legal to produce, sell, or transport that substance. Before embarking on an international trip with the intention of drug use, thoroughly research all applicable laws. That said, we’d love to hear about any trips you’ve taken around the globe, pun intended. Drop us a comment below and share your story, we’d love to hear from you.
