Decriminalization vs legalization of marijuana: what are the differences (table)

Germany legalized recreational marijuana in April 2024. Malta was the first in the EU to do so in December 2021. Portugal decriminalized all drugs back in 2001. And Poland? It still punishes possession of any amount. In public debate, the terms “decriminalization”, “legalization”, and “depenalization” are used interchangeably, although they describe three different solutions, with different consequences for citizens, the market, and public health. This text organizes the concepts, compares them in a table, and shows what each of these models actually changes. We base our findings on legal acts and reports from public agencies. At the end, you will find an explanation of why the legal market for industrial hemp in Poland operates independently of this debate.

KEY INFORMATION
• In Canada, the share of legal sources increased from 4% in 2018 to 72% in 2024 (Canadian Cannabis Survey 2024, Health Canada).
• Decriminalization removes criminal liability for possession, but trafficking remains a crime.
• Legalization creates a regulated market: licenses, taxes, and product composition control.
• Poland has not decriminalized marijuana; Article 62a only gives the prosecutor discretionary power to dismiss charges.

What is the difference between decriminalization, legalization, and depenalization?

These are three different degrees of leniency by the state. Depenalization removes the penalty, decriminalization removes criminal liability, and legalization allows the act within a regulated system. Only the latter creates a legal market. The first two only concern what threatens a person caught with a small amount on them.

• Depenalization is the broadest concept. The act remains prohibited, but does not carry sanctions. It rarely occurs on its own.
• Decriminalization is a type of depenalization: possession of a small amount ceases to be a crime and moves to an administrative procedure. Production and sale remain punishable. A typical example is Portugal since 2001 (EUDA, Drug policy profiles: Portugal, 2011).
• Legalization allows possession, cultivation, and usually sale within the limits of the law. The state issues licenses, sets age limits, and collects taxes. This is how Canada has operated since 2018 and Germany since April 1, 2024.

The distinction is not academic. Depending on which model is in place, the answer to two practical questions depends: whether possession carries a sentence and an entry in the criminal register, and whether there is a legal place to purchase. Decriminalization answers affirmatively only to the first of these, leaving supply outside the law.

How do these three models compare in a table?

The following comparison shows the differences where they matter to the citizen: sanction, criminal record, access to a product with known composition. As a point of reference, we added Poland, which represents the penal model, to show how much further the other two solutions go.

The legal status described in the table: August 8, 2026.

Two columns are most significant in daily life. An entry in the criminal register determines access to certain professions and visas, while product composition control decides whether the consumer knows what they are buying. Decriminalization closes the first issue and does not touch the second. Legalization encompasses both, as it addresses supply, not just possession.

Has Poland decriminalized marijuana?

No. Poland remains one of the more restrictive countries in the EU on this issue. Article 62 of the Act on Counteracting Drug Addiction punishes possession of any amount of a narcotic with a penalty of up to 3 years in prison, and for significant amounts, even up to 10 years (ISAP, consolidated text Journal of Laws of 2023, item 1939).

The law does not define what constitutes a significant amount. The boundary is set by case law and can vary in different courts, usually from several dozen to several hundred grams. For a person caught, this means that the severity of the penalty is determined by the court’s interpretation, not by the number written in the regulation.

In 2011, Article 62a was added to the law. The prosecutor can dismiss proceedings if the amount is insignificant, intended for personal use, and a penalty would be inappropriate given the circumstances of the case. This is the authority of the body, not the right of the detained person. Two very similar cases in two different prosecutors’ offices can end differently, and that is why Article 62a is not decriminalization, although it is often presented as such in the debate. How this provision works in practice and what case law considers an insignificant amount is described in the text about possession of marijuana in Poland.

Proposals for changes have repeatedly reached the Sejm, and none have passed the full legislative path as of August 2026. Before you base any decision on media reports about “new law”, check the current wording of the law in ISAP. Headlines can be months, or sometimes even legislative terms, ahead of the Journal of Laws.

Which European countries have changed the law and what does it entail?

Europe does not have a single model. Portugal opted for the decriminalization of all substances, Germany for regulated legalization, and the Netherlands for tolerated sales without legal production. These differences allow for comparisons of effects, as the social and economic conditions in these countries are similar.

Since 2001, Portugal has treated possession of any drug for personal use as an administrative matter. A person caught is referred to a commission for discouraging addiction, not to court. A 2009 report from the Cato Institute summarized the first decade of this policy: usage rates were among the lowest in the EU, and health harms related to drugs had clearly decreased (Greenwald, Cato Institute, 2009).

Germany has taken a different path. The Cannabis Consumption Act (KCanG) has been in effect since April 1, 2024, allowing adults to possess up to 25 g in public and up to 50 g at home, as well as cultivate three plants. Sales are conducted by non-commercial cultivation clubs; the law does not provide for commercial shops (KCanG, Gesetze im Internet).

Malta legalized possession of up to 7 g and cultivation of four plants in December 2021, as the first EU country. Luxembourg allowed home cultivation of up to four plants since July 21, 2023, maintaining the criminality of possessing larger amounts in public (Police Grand-Ducale, 2023).

The Netherlands is often described as a country of legalization, although it is not. Sales in coffeeshops are tolerated, while production and wholesale remain crimes: this is the famous backdoor problem. The government has launched an experiment with a controlled supply chain, the proper phase of which started on April 7, 2025, in ten municipalities (Government.nl).

Does easing the law increase marijuana consumption?

There is no evidence that merely easing the law raises consumption, but there is also no strong evidence for the opposite thesis. The EUDA agency in its 2023 review states directly that changes in cannabis law in Europe are too recent and too diverse to attribute health effects to them today, and that they require long-term monitoring (EUDA, Cannabis laws in Europe, 2023).

The Portuguese case is the best documented, as it has lasted the longest. The difficulty lies in the fact that Portugal changed not only the criminal provision: it simultaneously invested in addiction treatment and harm reduction. Separating the effect of one change from another is methodologically impossible, so neither side of the dispute can honestly say that “the mere removal of punishment” produced the observed result.

We noticed, while reading various reports for this text, that journalism on both sides selectively cites the same documents. Proponents often omit that the Portuguese reform was a package, not a single provision. Opponents often omit that the anticipated wave of increased consumption did not occur. A cautious conclusion is this: criminal law is one of many factors, and its weight is overestimated in both directions.

What does legalization provide that decriminalization does not?

Decriminalization removes the risk of a sentence from the consumer but leaves all supply in the hands of criminals. Only legalization transfers trade to a system with licenses and composition control, thus taking the market away from dealers. This is evident in Canadian data: the share of legal sources of purchase increased from 4% in 2018 to 72% in 2024.

The same survey shows the other side of the change. The percentage of people declaring purchases from illegal sources dropped from 28% to 3% (Canadian Cannabis Survey 2024, Health Canada). This is not a measurement of the black market’s value, but a declaration from consumers about where they usually buy. The difference is, however, too large to be explained solely by the burden of the survey.

The legal market also provides three things that no decriminalization model ensures: known product composition, tax revenues, and age verification at the point of sale. A dealer does not check ID and does not disclose THC content. This is a health argument, not an ideological one, and appears in European agency documents as a premise for regulation, not as a political demand.

What is the legal status of CBD in this debate?

Products from industrial hemp have a separate legal basis in Poland and do not depend on what happens with recreational marijuana. The Act on Counteracting Drug Addiction defines industrial hemp as varieties of cannabis sativa in which the sum of THC and tetrahydrocannabinolic acid does not exceed 0.3% of dry mass (Article 4 point 5 of the Act, Journal of Laws of 2023, item 1939).

This same threshold applies in EU agriculture. The European Parliament and Council Regulation 2021/2115 raised the permissible THC content in varieties eligible for direct payments from 0.2% to 0.3% and has been in effect since 2023 (EUR-Lex, regulation 2021/2115). An older regulation 1307/2013, which some articles online still refer to, mentioned 0.2% and is no longer the basis for this limit. The number 0.3% actually has a botanical origin, not a pharmacological one: it comes from a taxonomic work from 1976.

In practice, this means that when buying industrial hemp flowers or hemp oils from a seller who provides a certificate of analysis of the batch (CoA), you are acting within the bounds of the law. The certificate shows the actual THC content in a specific batch, and it is this, not the label declaration, that serves as proof of compliance with the 0.3% threshold.

Summary: what does this legal status change for you

The three concepts in the title describe three levels: no penalty, no crime, legal market. Poland is not at any of these levels, as possession of any amount of marijuana is still a crime, and Article 62a only provides a discretionary loophole for the prosecutor. If you follow reports of changes, verify them in ISAP, not in headlines.

For consumers of legal hemp products, the conclusion is simpler. Flowers and oils from industrial varieties with THC content not exceeding 0.3% are legal in Poland regardless of the fate of the recreational marijuana debate, as they are based on a different provision and a different definition of the plant. The certificate of analysis from the seller serves as a safeguard: it shows that the batch meets the statutory threshold. The rest is politics, which can change in any legislative term, but does not change the status of what you are buying today.

A practical tip at the end: with any information about a change in the law, check whether it concerns possession for personal use or commercial trade. These are two separate areas of regulation, and a change in one does not automatically transfer to the other. Most misunderstandings in journalism arise from mixing these two orders.

Frequently asked questions

What is the decriminalization of marijuana and what does it mean in practice?

Decriminalization removes criminal liability for possessing a small amount: instead of a court sentence, a fine or referral to a commission is imposed. The substance remains illegal in trade, and trafficking is still a crime. A typical example is Portugal since 2001, where a person caught is referred to a commission for discouraging addiction, not to a criminal court.

What is the legalization of marijuana?

Legalization allows possession, cultivation, and usually sale within the limits set by law. The state issues licenses, sets age limits, collects taxes, and controls the product composition. This is how Canada has operated since 2018, Malta since 2021, and Germany since April 1, 2024. The market is legal but strictly regulated.

What is the difference between decriminalization and depenalization?

Depenalization is a broader term: it means the removal of punishment for a given act, even if the act remains prohibited. Decriminalization is a type of depenalization and specifically removes criminal liability, meaning no court, sentence, or entry in the register. In the Polish debate, both words are sometimes used interchangeably, although they differ in scope.

Has Poland decriminalized marijuana?

No. Article 62 of the Act on Counteracting Drug Addiction (Journal of Laws of 2023, item 1939) punishes possession of any amount with a penalty of up to 3 years in prison. Article 62a gives the prosecutor the option to dismiss charges for a small amount for personal use, but this is the authority of the body, not the right of the detained person.

Which EU countries have gone the furthest in legalization?

Malta legalized possession of up to 7 g and cultivation of four plants in December 2021, as the first in the EU. Luxembourg allowed home cultivation since July 21, 2023. Germany, as the first large EU country, entered regulated legalization on April 1, 2024, with a limit of 25 g in public places.

Are CBD flowers and oils legal in Poland?

Yes. The Act on Counteracting Drug Addiction defines industrial hemp as varieties in which the sum of THC and tetrahydrocannabinolic acid does not exceed 0.3% of dry mass. Products from such varieties are legal regardless of the debate about recreational marijuana. A certificate of analysis of the batch (CoA) confirms that the threshold has not been exceeded.

If you are looking for products from industrial hemp with a certificate of analysis, check the flower category in the u Bucha store.

This article is for informational and educational purposes only and does not constitute legal advice. The legal status described in the article is valid as of the date of publication: regulations regarding cannabis may change. Before making any decisions, consult a lawyer or current legal acts.

Author: Michał Waluk · Published: 2026-07-15 · Updated: 2026-08-08