Decriminalization vs legalization of marijuana — what are the differences (table)
Decriminalization vs legalization of marijuana: comparison, differences, and what to choose. Table from u Bucha.
Germany legalized marijuana in 2024. Malta was first in the EU — in 2021. Portugal decriminalized all drugs back in 2001. And Poland? It still penalizes possession of any amount. In public debate, the terms "decriminalization", "legalization", and "depenalization" are used interchangeably — incorrectly. These are three different legal approaches with completely different consequences for citizens, the market, and public health. This article clarifies these concepts, presents them in a table, and explains what each of these options realistically changes from a legal perspective. We cite legal acts, not opinions.
KEY INFORMATION
• Decriminalization removes criminal liability for possession, but marijuana remains illegal — trade is still a crime.
• Legalization creates a regulated legal market with licenses, taxes, and quality control — examples: Germany (2024), Canada (2018).
• Poland has not decriminalized marijuana — Article 62a of the Act on Counteracting Drug Addiction (Journal of Laws 2023) is a discretionary instrument, not decriminalization.
• EMCDDA (2024) indicates that decriminalization does not automatically lead to an increase in consumption (EMCDDA, Drug Policy Profiles, 2024).
Definitions: decriminalization, legalization, depenalization
Let's start with precision in terminology, as without it, any discussion about drug policy is chaotic. The three concepts — depenalization, decriminalization, legalization — are often used interchangeably but have technically different meanings in legal studies and public policy.
Depenalization
Depenalization (from Latin. poena — penalty) is the broadest concept. It means the removal of criminal sanctions for a given act — regardless of whether the act remains prohibited. Example: if the law states "possessing marijuana is prohibited, but there is no penalty for it" — that is depenalization. In practice, depenalization without decriminalization is rare; they usually go hand in hand.
Decriminalization
Decriminalization is a specific type of depenalization: the removal of criminal liability (i.e., a crime or offense prosecuted in court) for possessing small amounts of a substance. The act may still be "prohibited" administratively (subject to a fine), but it is not a crime. Sale and production generally remain crimes. A typical example: Portugal (2001), where any amount of drug for personal use risks referral to a treatment commission, not a criminal court (EMCDDA, Portugal Drug Policy Profile, 2021).
Legalization
Legalization is the complete allowance of a given action by law within a regulated system. Marijuana becomes a product like alcohol or tobacco: it can be legally purchased, sold, and cultivated — within the limits set by law. The state collects taxes, controls quality, and imposes age restrictions. Examples: Canada (Cannabis Act 2018), Germany (Gesetz zum kontrollierten Umgang mit Cannabis, effective from April 1, 2024).
Decriminalization vs legalization — comparative table
The table below compares the key features of both approaches and the legal status in Poland for context. The differences have direct consequences for citizens: what penalties apply for possession of marijuana depends on which approach is in force in a given country.
| Criterion | Criminalization (PL 2026) | Decriminalization (e.g., Portugal) | Legalization (e.g., Germany) |
|---|---|---|---|
| Legal status of possession | Crime (Article 62 UPN) | Administrative offense or no penalty | Legal within limits |
| Threat of penalty for possession | Up to 3 years in prison (up to 10 years for significant amounts) | Fine or referral for treatment | None (up to 25 g in DE) |
| Trade/sale status | Crime | Crime | Legal (with a license) |
| Entry in the criminal record | Yes (possible) | No | No (possession within the limit) |
| Product quality control | None | None | Yes (state standards) |
| Tax revenues | None | None | Yes (excise tax, VAT) |
| Black market | Dominates | Dominates | Partially displaced |
| Examples | Poland, Sweden, France | Portugal, Czech Republic, Belgium | Germany, Canada, Malta (partially) |
Data update: May 4, 2026
Poland and decriminalization — legal status 2026
Poland is one of the more restrictive countries in the EU regarding marijuana. The Act on Counteracting Drug Addiction (Dz.U. 2023, item 1939, known as UPN) penalizes possession of any amount in art. 62: possession of a narcotic drug carries a penalty of up to 3 years of imprisonment, and in the case of a "significant amount" — up to 10 years. The definition of "significant amount" is not statutory — judicial interpretation varies, usually from several dozen to several hundred grams.
In 2011, Article 62a was added to the UPN, which gives the prosecutor the option to dismiss proceedings when a person possesses a substance intended solely for personal use, the amount is insignificant, and imposing a penalty would not be appropriate given the circumstances of the case. This is a discretionary instrument — it depends on the decision of the specific prosecutor, it is not a subjective right of the detained person. It is not decriminalization.
Decriminalization proposals have been submitted to the Sejm multiple times — including by the governing coalition in 2024 — but none have received sufficient support for enactment as of May 2026. The situation may change; before making any decisions, check the current legal status at ISAP (Internet System of Legal Acts).
Examples from Europe: different models, different effects
Europe is a laboratory for drug policy. Each country has chosen a different model, allowing for comparisons of actual health and social outcomes.
Portugal: decriminalization of all drugs (2001)
Portugal has gone the furthest in Europe: it decriminalized the possession of all psychoactive substances for personal use — not just marijuana. A person caught with a drug is referred to a "commission for discouraging addiction" (CDT), not to a criminal court. A 2009 report from the Cato Institute assessed that in the decade following the reform, drug consumption did not increase, and the number of HIV cases among intravenous users dramatically decreased (Greenwald, Cato Institute, 2009).
Germany: recreational legalization (2024)
Germany enacted the law on controlled cannabis trade (Gesetz zum kontrollierten Umgang mit Cannabis — CanG) on April 1, 2024. Adults can possess up to 25 g in public places and up to 50 g at home, and cultivate up to 3 plants. Sales through "cannabis social clubs" (non-commercial associations with up to 500 members) are allowed; commercial sales in stores remain in the pilot phase. This is the most far-reaching reform in a large EU country and an important reference point for the Polish debate.
Holandia: „tolerancja” bez legalizacji
The Dutch model is unique and often misdescribed as legalization. The Netherlands has not legalized marijuana — it remains formally illegal. However, a "tolerance" system (gedoogbeleid) operates: sales in licensed coffeeshops are tolerated by the authorities, although not legally permitted. Production and wholesale trade remain crimes — this is referred to as the "backdoor problem" (achterdeur probleem). In 2023, the Netherlands launched a pilot for a regulated supply chain to fill this gap.
An interesting observation is that countries with a more liberal approach to marijuana (Portugal, Czech Republic, Netherlands) have not systematically recorded higher consumption among minors than countries with a penal approach — and in several cases, have noted a decrease. The EMCDDA in its 2024 report indicates that the severity of the law weakly correlates with the level of consumption; educational programs, availability of treatment, and social context are more important (EMCDDA, European Drug Report, 2024).
Arguments for and against — a public health policy perspective
The debate on the decriminalization and legalization of marijuana does not take place in a vacuum. Supporters and opponents of both approaches refer to health, social, and economic data. It is worth knowing them to assess the arguments independently.
Arguments for decriminalization
The main public health argument: criminalizing the possession of marijuana does not reduce its consumption, while burdening the justice system and stigmatizing users, making it harder for them to access help. Data from Portugal confirm that decriminalization combined with investment in addiction treatment yields better health outcomes than pure penalization (Greenwald, Cato Institute, 2009). The Drug Policy Alliance — an organization advocating for drug law reform — points out that in the USA, arrests for marijuana possession disproportionately affect African Americans despite similar consumption levels across all ethnic groups (Drug Policy Alliance, 2023).
Arguments for legalization (beyond decriminalization)
Simply removing the penalty for possession does not eliminate the black market — marijuana still has to come from somewhere, and its production and distribution remain in the hands of criminals. Legalization with a regulated market shifts trade into the legal sphere, which means: quality control (no contaminants, standardization of concentrations), tax revenues for the state budget, reduced exposure for minors (regulated purchase age works more effectively than a dealer who does not check ID), and a reduction in the risk of drawing marijuana users into heavier drug trafficking. Canada, after legalization in 2018, saw an increase in tax revenues from cannabis and a noticeable decrease in the share of the black market in sales (EMCDDA, Cannabis Legalization Review, 2023).
Main objections
Opponents of both reforms point to the risk of increased consumption, particularly among youth, and a potential rise in traffic accidents related to driving under the influence of marijuana. Data from Canada and several U.S. states are ambiguous: consumption among adults has increased, while among teenagers — it has not increased or has slightly decreased. Traffic accidents with THC in the blood have increased, although establishing a causal link with actual impairment is methodologically difficult (THC remains detectable in the blood for days, long after the effect has worn off).
Legal status of CBD in the context of the marijuana debate
Regardless of the debate on recreational and medical marijuana, products from industrial hemp — including CBD flower and CBD oils — have a separate legal status in Poland and the entire EU. Products containing less than 0.3% THC from certified hemp strains are legal as industrial hemp products, according to EU Regulation 1307/2013 (EUR-Lex 32013R1307) and national regulations on cultivated plants.
It is important to distinguish between these two debates: the legal CBD market operates independently of the discussion about recreational marijuana. By purchasing CBD flower or oil from a legal store with a CoA certificate, you are acting in accordance with the law — regardless of what marijuana policy Poland pursues. This is important because the media often mix the two categories, causing unnecessary panic among consumers of legal hemp products.
Summary: what the legal status means for you as a CBD consumer
Regardless of the ongoing political debate about the decriminalization and legalization of marijuana — if you buy legal CBD products in Poland, you are acting in accordance with the law. CBD flower, oils, and extracts from certified industrial hemp strains with THC below 0.3% are legal products available for sale and have no connection to the debate about recreational marijuana. The CoA document (certificate of analysis) is your proof of the legality of the purchase and the quality of the product. Keep an eye on changes in the law — regulations in this area may evolve in the coming years, influenced by both European pressure and national public debate. Regardless, products from industrial hemp are and remain a legal choice.
Frequently Asked Questions
What is the decriminalization of marijuana and what does it mean in practice?
Decriminalization means removing criminal liability for possessing small amounts of marijuana — instead of a court sentence, an administrative fine or referral for treatment is imposed. Marijuana remains illegal for trade. A typical example: Portugal, where possession of any drug for personal use leads to a treatment commission, not a court (EMCDDA, Portugal Drug Policy Profile, 2021).
What is the legalization of marijuana?
Legalization means that possession, cultivation, and often sale of marijuana become legally permitted within a regulated system — with licenses, taxes, and age restrictions. Examples: Germany (CanG 2024), Canada (Cannabis Act 2018), Malta (2021). The market is legal but regulated similarly to alcohol or tobacco.
What is the difference between decriminalization and depenalization?
Depenalization is a broader concept — it means removing the penalty for a given act. Decriminalization is a type of depenalization that removes criminal liability (court, sentence, record). In Polish legal discourse, these terms are often used interchangeably, although they technically differ in scope.
Has Poland decriminalized marijuana?
No. Article 62a of the Act on Counteracting Drug Addiction (Dz.U. 2023 poz. 1939) gives the prosecutor the possibility of dismissing cases involving small amounts for personal use — but this is a discretionary instrument, not a subjective right. Possession of marijuana in Poland remains a crime punishable by up to 3 years of imprisonment.
Which EU countries have gone the furthest in legalizing marijuana?
Germany became the first large EU country to introduce regulated recreational legalization in 2024 (up to 25 g in public places, 3 home plants). Malta was the first EU country to legalize recreational marijuana in 2021. Luxembourg introduced the legality of home cultivation in 2023. The situation may change — check current information on the EMCDDA website.
What does the EMCDDA say about the effects of decriminalization in Europe?
The European Monitoring Centre for Drugs and Drug Addiction (EMCDDA) indicates that countries with a more lenient approach to marijuana possession did not experience an automatic increase in consumption following legal changes. Portugal, after decriminalization (2001), recorded a decrease in consumption and drug-related mortality over the decade (EMCDDA, Drug Policy Profiles, 2024).
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 publication date — regulations regarding cannabis may change. Before making any decisions, consult a lawyer or current legal acts.
Author: Michał Waluk · Published: 2026-05-04 · Updated: 2026-05-04
