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Decriminalization or decriminalisation is the reclassification in law relating to certain acts or aspects of such to the effect that they are no longer considered a crime, including the removal of criminal
penalties Penalty or The Penalty may refer to: Sports * Penalty (golf) * Penalty (gridiron football) * Penalty (ice hockey) * Penalty (rugby) * Penalty (rugby union) * Penalty kick (association football) * Penalty shoot-out (association football) * Penalty ...
in relation to them. This reform is sometimes applied retroactively but otherwise comes into force from either the
enactment Enactment may refer to: Law * Enactment of a bill, when a bill becomes law * Enacting formula, formulaic words in a bill or act which introduce its provisions * Enactment (British legal term), a piece of legislation or a legal instrument made un ...
of the law or from a specified date. In some cases regulated permits or fines may still apply (for contrast, see:
legalization Legalization is the process of removing a legal prohibition against something which is currently not legal. Legalization is a process often applied to what are regarded, by those working towards legalization, as victimless crimes, of which one ...
), and associated aspects of the original criminalized act may remain or become specifically classified as crimes. The term was coined by anthropologist Jennifer James to express sex workers' movements' "goals of removing laws used to target prostitutes", although it is now commonly applied to drug policies. The reverse process is
criminalization Criminalization or criminalisation, in criminology, is "the process by which behaviors and individuals are transformed into crime and criminals". Previously legal acts may be transformed into crimes by legislation or judicial decision. However, ...
. Decriminalization reflects changing social and
moral A moral (from Latin ''morālis'') is a message that is conveyed or a lesson to be learned from a story or event. The moral may be left to the hearer, reader, or viewer to determine for themselves, or may be explicitly encapsulated in a maxim. A ...
views. A society may come to the view that an act is not harmful, should no longer be criminalised, or is otherwise not a matter to be addressed by the criminal justice system. Examples of subject matter which have been the subject of changing views on criminality over time in various societies and countries include: * abortion *
breastfeeding in public The social attitudes toward and legal status of breastfeeding in public vary widely in cultures around the world. In many countries, both in the Global South and in a number of Western countries, breastfeeding babies in open view of the general pu ...
*
drug possession The prohibition of drugs through sumptuary legislation or religious law is a common means of attempting to prevent the recreational use of certain intoxicating substances. While some drugs are illegal to possess, many governments regulate the ...
, and
recreational drug use Recreational drug use indicates the use of one or more psychoactive drugs to induce an altered state of consciousness either for pleasure or for some other casual purpose or pastime by modifying the perceptions and emotions of the user. When a ...
*
euthanasia Euthanasia (from el, εὐθανασία 'good death': εὖ, ''eu'' 'well, good' + θάνατος, ''thanatos'' 'death') is the practice of intentionally ending life to eliminate pain and suffering. Different countries have different eut ...
* gambling * homosexuality * polygamy *
prostitution Prostitution is the business or practice of engaging in Sex work, sexual activity in exchange for payment. The definition of "sexual activity" varies, and is often defined as an activity requiring physical contact (e.g., sexual intercourse, n ...
* public nudity * steroid use in sport In a
federal Federal or foederal (archaic) may refer to: Politics General *Federal monarchy, a federation of monarchies *Federation, or ''Federal state'' (federal system), a type of government characterized by both a central (federal) government and states or ...
country, acts may be decriminalized by one level of government while still subject to penalties levied by another; for example, possession of a decriminalized drug may still be subject to criminal charges by one level of government, but another may yet impose a monetary fine. This should be contrasted with
legalization Legalization is the process of removing a legal prohibition against something which is currently not legal. Legalization is a process often applied to what are regarded, by those working towards legalization, as victimless crimes, of which one ...
, which removes all or most legal detriments from a previously illegal act. It has also been noted that while some acts have been decriminalised, such as homosexuality and adultery, others have increased in their criminalization, such as incest.


Drug-use decriminalization topics

* Decriminalization of non-medicinal marijuana in the United States * Legal history of cannabis in the United States * Cannabis legalization in Canada * Colorado Amendment 64 * Marijuana Policy Project *
Psilocybin decriminalization in the United States The movement to decriminalize psilocybin in the United States began in the late 2010s, with Denver, Colorado becoming the first city to decriminalize psilocybin in May 2019. The cities of Oakland and Santa Cruz, California, followed suit and de ...
* Law Enforcement Against Prohibition * Legality of cannabis *
Timeline of cannabis law The list includes and details significant events that occurred in the global history of national-level implementations of, or changes made to, laws surrounding the use, sale, or production of the psychoactive drug cannabis. 1300s * 1378: Soudoun S ...
* Responsible drug use * War on Drugs


See also

* Drug liberalization *
Drug policy of the Soviet Union The drug policy of the Soviet Union changed little throughout the existence of the state, other than slowly becoming more repressive, although some differences in penalties existed in the different Union Republics. However, the prevalence of drug a ...
* Legal issues of anabolic steroids *
Legalization Legalization is the process of removing a legal prohibition against something which is currently not legal. Legalization is a process often applied to what are regarded, by those working towards legalization, as victimless crimes, of which one ...
* Liberalization * Alcohol prohibition * Prostitution in Canada * Prostitution in Rhode Island * Decriminalization of sex work * Public-order crime * Sex worker * Sodomy law * Timeline of LGBT history *
Unenforced law An unenforced law (also symbolic law, dead letter law) is a law which is formally in effect (''de jure''), but is usually (''de facto'') not penalized by a jurisdiction. Such laws are usually ignored by law enforcement, and therefore there are few ...
* Victimless crime


References

Criminal law legal terminology Drug policy reform {{Crime-stub