Decriminalization vs. Legalization of Psychedelics: Understanding the Key Differences

Decriminalization vs. Legalization of Psychedelics, The GREAT news is that an ever-growing number of states and locations have made the incredible decision to decriminalize the use of psychedelics, including magic mushrooms/psilocybin. However, many people misunderstand what this means for the legality of these substances.

Decriminalization vs. Legalization – What’s the Difference?

Firstly, let’s define the two terms.

Decriminalization: The action or process of ceasing to treat something as illegal or as a criminal offense. It involves the reclassification of certain acts or aspects so they are no longer considered crimes, including the removal of criminal penalties.

Legalization: The action of making something that was previously illegal permissible by law. It signifies that the substance is now allowed and regulated under the law.

Legalization

When a psychedelic substance is legalized, it means that it is permitted by law. Even if it was previously illegal, legalization ensures that it is no longer the case. Legalization also means that police and law enforcement cannot arrest or prosecute users adhering to the legal limitations.

Example: California residents aged 21+ can purchase and possess a maximum of one ounce of cannabis. However, possessing more than one ounce can lead to prosecution.

Important Note: It is vital to know whether a particular psychedelic substance is legalized in your state and the exact legal limitations.

Decriminalization

Decriminalization means that the police or law enforcement no longer prioritize the substance as a top concern. If caught with a small amount of an illegal, yet decriminalized drug, it doesn’t end up on your permanent record but is still a civil infraction. The substance will be confiscated, and the individual will have to pay a fine.

Several cities in the U.S. have decriminalized psychedelics, mainly psilocybin. However, only one state has legalized it on a limited basis.

The Decriminalization of Psychedelics is a Recent Phenomenon

Only a few states and nations have decriminalized the possession, use, and consumption of specific psychedelic drugs. Portugal is a notable example, having decriminalized the possession of all drugs for personal use in 2001 to reduce HIV/AIDS cases from intravenous drug use. Portugal’s strategy has been a success, with significant reductions in drug-related deaths and overall drug use below the European Union average.

The Rise of Decriminalization

Following Portugal’s lead, several other countries have started to embrace decriminalization for certain psychedelics. Countries like Croatia, Cyprus, the Czech Republic, Switzerland, Spain, and Austria have decriminalized psilocybin mushrooms to varying extents.

In the U.S., cities like Ann Arbor, Denver, Oakland, and Washington DC have decriminalized psilocybin. In November 2020, Oregon became the first state to decriminalize the personal possession of psychedelic substances.

Is There Any Legalization of Psychedelics Anywhere?

YES! Oregon also became the first state to legalize psilocybin for therapeutic use in November 2020. Measure 109 allows regulated use of psilocybin in a therapeutic setting for individuals aged 21+ who pass a screening. This is a significant step towards broader legalization.

Are Psychedelics Legal in Other Countries?

The legal status of psychedelics varies widely. The Bahamas and Jamaica have fully legal psilocybin mushrooms. In the Netherlands, one can purchase psilocybin truffles but not mushrooms. In Brazil, psilocin and psilocybin are illegal, but the fungal species are not, allowing for theoretical use of magic mushrooms.

Decriminalization vs. Legalization of Psychedelics – Final Thoughts

While new legislation in Oregon is exciting, it does not mean that psilocybin can be freely used as one pleases. Only legalization permits legal use without penalties. Thus, it is crucial to know local laws before considering any form of consumption.