Decriminalization or decriminalisation is the legislative process which removes prosecutions against an action so that the action remains illegal but has no criminal penalties or at most some civil fine. 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 u ...

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 law, 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 ...

), 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. ...

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 Criminal justice is the delivery of justice to those who have been accused of committing crimes. The criminal justice system is a series of government agencies and institutions. Goals include the rehabilitation of offenders, preventing other ...

system. Examples of subject matter which have been the subject of changing views on criminality over time in various societies and countries include: *

Abortion Abortion is the early termination of a pregnancy by removal or expulsion of an embryo or fetus. Abortions that occur without intervention are known as miscarriages or "spontaneous abortions", and occur in roughly 30–40% of all pregnan ...

(see:

abortion law Abortion laws vary widely among countries and territories, and have changed over time. Such laws range from abortion being freely available on request, to regulation or restrictions of various kinds, to outright prohibition in all circumstances ...

and

abortion-rights movements Abortion-rights movements, also self-styled as Pro-choice and pro-life, pro-choice movements, are Social movement, movements that advocate for Abortion law, legal access to induced abortion services, including elective abortion. They seek to re ...

) *

Assisted suicide Assisted suicide, sometimes restricted to the context of physician-assisted suicide (PAS), is the process by which a person, with the help of others, takes actions to end their life. Once it is determined that the person's situation qualifie ...

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 p ...

* Clothing laws (including

cross-dressing Cross-dressing is the act of wearing clothes traditionally or stereotypically associated with a different gender. From as early as pre-modern history, cross-dressing has been practiced in order to disguise, comfort, entertain, and express onesel ...

, see:

legal issues List of lists of issues and controversies with the law * Legal issues in airsoft * Legal issues with fan fiction * Burger King legal issues * Legal issues and controversies surrounding Netflix * Legality of cannabis The legality of ...

) *

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. An area has a prohibition of drugs when its government uses the for ...

and

recreational drug use Recreational drug use is 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. When a psychoactive drug enters the user's body, it induces an Sub ...

(see:

drug liberalization Drug liberalization is a drug policy process of decriminalizing, legalizing, or repealing laws that prohibit the production, possession, sale, or use of prohibited drugs. Variations of drug liberalization include drug legalization, drug releg ...

) *

Euthanasia Euthanasia (from : + ) is the practice of intentionally ending life to eliminate pain and suffering. Different countries have different Legality of euthanasia, euthanasia laws. The British House of Lords Select committee (United Kingdom), se ...

(see:

legality of euthanasia Laws regarding euthanasia in various countries and territories. Efforts to change government policies on euthanasia of humans in the 20th and 21st centuries have met with limited success in Western countries. Human euthanasia policies have al ...

) *

Gambling Gambling (also known as betting or gaming) is the wagering of something of Value (economics), value ("the stakes") on a Event (probability theory), random event with the intent of winning something else of value, where instances of strategy (ga ...

(see:

gambling age The gambling age is an aspect of gambling law — the minimum age at which one can legally gamble in a certain jurisdiction Jurisdiction (from Latin 'law' and 'speech' or 'declaration') is the legal term for the legal authority grante ...

) *

Homosexuality Homosexuality is romantic attraction, sexual attraction, or Human sexual activity, sexual behavior between people of the same sex or gender. As a sexual orientation, homosexuality is "an enduring pattern of emotional, romantic, and/or sexu ...

(see:

decriminalization of homosexuality Decriminalization of homosexuality is the repeal of laws criminalizing same-sex acts between multiple men or multiple women. It has taken place in most of the world, except much of Africa and the Muslim world. History During the French Revolu ...

and

LGBT rights by country or territory Rights affecting lesbian, gay, bisexual, transgender and queer (LGBTQ) people vary greatly by country or jurisdiction—encompassing everything from the legal recognition of same-sex marriage to the death penalty for homosexuality. Not ...

) *

Polygamy Polygamy (from Late Greek , "state of marriage to many spouses") is the practice of marriage, marrying multiple spouses. When a man is married to more than one wife at the same time, it is called polygyny. When a woman is married to more tha ...

(see:

legality of polygamy The legal status of polygamy varies widely around the world. Polygamy is legal in 58 out of nearly 200 sovereign states, the vast majority of them being Muslim-majority countries. Some countries that permit polygamy have restrictions, such as ...

) *

Poverty Poverty is a state or condition in which an individual lacks the financial resources and essentials for a basic standard of living. Poverty can have diverse Biophysical environmen ...

(see:

criminalization of poverty The criminalization of poverty refers to the systemic practices and policies that disproportionately penalize individuals for behaviors associated with their economic status. This phenomenon manifests through various legal and social mechanisms that ...

) *

Prostitution Prostitution is a type of sex work that involves engaging in 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, no ...

and

sex work Sex work is "the exchange of sexual services, performances, or products for material compensation. It includes activities of direct physical contact between buyers and sellers as well as indirect sexual stimulation". Sex work only refers to volun ...

(see:

decriminalization of sex work The decriminalization of sex work is the removal of criminal penalties for sex work (specifically, prostitution). Sex work, the consensual provision of sexual services for money or goods, is criminalized in most countries. Decriminalization is ...

) *

Public nudity Nudity is the state of being in which a human is without clothing. While estimates vary, for the first 90,000 years of pre-history, anatomically modern humans were naked, having lost their body hair, living in hospitable climates, and not ...

* Steroid use in sport *

Suicide Suicide is the act of intentionally causing one's own death. Risk factors for suicide include mental disorders, physical disorders, and substance abuse. Some suicides are impulsive acts driven by stress (such as from financial or ac ...

(see:

suicide legislation Suicide is a crime in some parts of the world. However, while suicide has been decriminalized in many countries, the act is almost universally stigmatized and discouraged. In some contexts, suicide could be utilized as an extreme expression of ...

) In a federal 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

, which removes all or most legal detriments from a previously illegal act. Many countries have the practice of not imposing prison sentences for that are considered as illegal but a less serious crime under that country's law, such as personal use of cannabis or personal use of certain other drugs without a prescription from a doctor.

Drug-use decriminalization topics

Colorado Amendment 64 Colorado Amendment 64 was a successful popular initiative ballot measure to amend the Constitution of the State of Colorado, outlining a statewide drug policy for cannabis. The measure passed on November 6, 2012, and along with a similar mea ...

Law Enforcement Against Prohibition The Law Enforcement Action Partnership (LEAP), formerly Law Enforcement Against Prohibition, is a U.S.-based nonprofit organization group of current and former police, judges, prosecutors, and other criminal justice professionals who use their e ...

Legal history of cannabis in the United States In the United States, increased restrictions and labeling of cannabis (legal term ''marijuana'' or ''marihuana'') as a poison began in many states from 1906 onward, and outright prohibitions began in the 1920s. By the mid-1930s cannabis was regu ...

Legality of cannabis The legality of cannabis for Medical cannabis, medical and Recreational drug use, recreational use varies by country, in terms of its possession, distribution, and cultivation, and (in regards to medical) how it can be consumed and what me ...

Marijuana Policy Project The Marijuana Policy Project (MPP) is the largest organization working solely on marijuana policy reform in the United States in terms of its budget, number of members, and staff. Its stated aims are to: (1) increase public support for non-pu ...

Psilocybin decriminalization in the United States The movement to Legal status of psilocybin mushrooms, decriminalize psilocybin in the United States began in 2019 with Denver, Colorado, becoming the first city to decriminalize psilocybin in May of that year. The cities of Oakland and Santa Cruz, ...

Responsible drug use Responsible drug use seeks to maximize the benefits and minimize the risks associated with psychoactive drug use. For illegal psychoactive drugs that are not diverted prescription controlled substances, some critics believe that illegal recreationa ...

* Timeline of cannabis law * War on Drugs

References

{{Authority control Criminal law legal terminology Drug policy reform Justice Libertarian theory Public policy Philosophy of law Criminal justice reform

Drug-use decriminalization topics

See also

References