Decriminalization VS. Legalization
by Brittney Graham
Decriminalization VS. the legalization of Cannabis seems to have been a heavy point of debate in Oklahoma over the past few years. The terms of decriminalization and legalization of Cannabis are often mistakenly used interchangeably when being discussed in this conversation although. So, it is important to note that they have different meanings all together and what those distinctive meanings are.
On one hand, decriminalization is the loosening of criminal penalties imposed for personal marijuana use even though the manufacturing and sales of the substance remain illegal. Both the product and sale of marijuana remain unregulated by the state and those caught using the substance face civil fines instead of criminal charges. This means that if someone were caught with a personal among of Cannabis, they would be hit with a small fine instead of facing jail time and a record.
So, where does Oklahoma City lie on this scale of decriminalization? On September 24, 2018, the Oklahoma City council approved reducing the penalty for simple possession of marijuana to a fine up to $400. Until the new law took effect on October 26,2018, the maximum fine for possession was $1,200 and six months of jail time.
On the other hand, legalization is the lifting of laws banning the possession and personal use of marijuana. It also allows the government to regulate and tax marijuana use and sale, which is very important. The argument can be also made that taxpayers can save millions of dollars by removing from the judicial system the hundreds of thousands of offenders caught with small amounts of marijuana before legalization laws went into effect.
When SQ788 passed, Oklahoma allowed the resident to apply for Medical Marijuana cards so that they could partake in medical cannabis with no repercussion of the law. However, this does not mean that the laws on marijuana were lifted or abolished within the state. If you do not hold an MMJ license, then you are in violation of the state law if you are in possession of cannabis. Obviously, this can be subject to local laws such as the case in Oklahoma City.
So, where do the chips lie in the argument in decriminalization VS legalization? The proponents for decriminalization argue that giving the federal government the authority to legalize the use of marijuana on one hand while attempting to regulate it on the other doesn’t make much sense. If one stops to think, it almost sends conflicting messages doesn’t it? It brings to mind alcohol and tobacco, but that is a story for another day.
On the other side of the argument are the proponents of complete legalization of marijuana. Were not talking just medical, this includes recreational too across the board. The argument is that allowing the manufacturing and sale of cannabis removes the industry from the hands of criminals and keeps it off the black market. They also argue that the regulation of cannabis sales makes it safer for consumers and provides a steady stream of new revenue for cash-strapped states. Can anyone say, money where Oklahoma needs it most like in the education system?
Let’s not forget those that are in the middle. The Economist magazine wrote in 2014 that decriminalization makes sense only as a step toward full legalization because under the former only criminals would profit from a product that remains outlawed. Which makes sense because that money isn’t taxed for local and community gain and there is no regulation on what anyone is being sold. I mean, we all see what has been happening in the news with the consequences of purchasing black market THC vape carts.
When it comes to cannabis, arguments seem to be in never ending supply. If the discussions continue, I think this is great news for the cannabis community of not only Oklahoma but the entire United States. This is due to the fact that discussions bring about thoughts, ideas, and eventually change and that is something we have seen happen with SQ788 and hopefully much more.
