Depenalization, decriminalization, legalization: what are the differences?

The debate over cannabis inevitably raises questions about its legal status. Currently in France, the Both the possession and use of cannabis are strictly prohibited and are punishable by one year in prison and/or a fine of €3,750. To fully understand the proposed reforms to cannabis laws, it is first necessary to explain the various related offenses and then clearly define the potential scenarios.

Violations of the law

Under French law, criminal offenses can be divided into three categories: misdemeanors, felonies, and crimes. This classification groups offenses according to their severity and the penalties they entail.

Traffic ticket

A misdemeanor, which is often mistakenly equated with a penalty, is the first category of criminal offenses. It is punishable only by a fine or additional penalties (such as the suspension of a driver’s license, for example). In terms of the severity of offenses, a misdemeanor is less serious than a misdemeanor, which is itself less serious than a felony.

Misdemeanor

A misdemeanor is an offense that is tried in criminal court and carries a sentence of no more than 10 years in prison.

Crime

A felony is therefore the most serious offense under French criminal law. Such offenses are tried in criminal courts and are punishable by lengthy prison sentences, which may be accompanied by fines.

Under French law, violations of the cannabis law—whether for possession or use—are currently classified as misdemeanors. The response to such violations is a criminal one, despite the fact that the 1970 Narcotics Act provides for the possibility of a medical response.

Possible Scenarios for Cannabis Legislation in France

Several words are used in the course of politicians' or organizations advocating for new cannabis legislation. The various scenarios under consideration, excluding legalization, focus on addressing the demand for cannabis: acquisition, possession, or consumption.

Criminalization

The decriminalization of drug use has been adopted in France. Since September 1, 2020, the use of narcotics has been subject to a a fixed penalty of €200, reduced to €150 if paid within 15 days, and increased to €450 in the event of a delay. This measure was introduced by the Justice Planning Act of March 23, 2019, and has been gradually extended to the entire country.

It does not decriminalize the offense; drug use remains a criminal offense punishable by up to one year in prison and a fine of €3,750, but it allows law enforcement to handle the vast majority of cases through administrative channels, without going to criminal court. A criminal record entry is still required. → See our report on the Criminalization of cannabis in France.

Decriminalization

The decriminalization of cannabis refers to the removal of criminal penalties for its possession or use. However, fines may still apply.

Decriminalization

Unlike decriminalization, decriminalization no longer subjects the offense to criminal penalties, but may still result in a response from the government. The difference between the two is subtle, but decriminalization, for example, will no longer result in minor cannabis-related offenses being recorded on a criminal record.

Legalization

Legalization involves bringing activities that were previously illegal under the control of the law. When it comes to drugs, legalization seeks to control supply: the production, cultivation, or sale of cannabis. There are various possible models for cannabis legalization, but they all agree on one point: cannabis must be regulated and controlled by the state, which will oversee—often through a government agency (a Cannabis Bureau)—the production, distribution, and sale of cannabis.

The purchase, consumption, and possession of these substances are also regulated and subject to restrictions, just like alcohol and cigarettes. Violations of the new law are still subject to criminal penalties.

The state regulation of cannabis is not a deregulation of the substance. It establishes a strict and regulated framework for the production, sale, and consumption of cannabis.

The legalization of cannabis may apply only to medical use, often for a specific list of conditions. The experimentation with medical marijuana The trial planned by France starting in 2020 does not constitute legalization in and of itself, as the treatment will be available only to participants in the trial.

Consequences of a new cannabis law

These changes do not mean that people will be able to smoke cannabis with impunity. Rather, they mean that possession of small amounts of cannabis will no longer result in criminal charges.

Decriminalization may be a step forward for consumers, but the main criticism leveled against it is that it does not address the problems associated with cannabis production, which is currently controlled by criminal networks or by home growers who find themselves effectively operating outside the law.

Legalization means that consumers will no longer be penalized (unless they smoke while driving or in public, for example), but above all that the cannabis supply industry (cultivation, transportation, sales, etc.) becomes legal, under strict government oversight.

Legalization, however, raises many questions: How can we ensure that legalizing a substance does not lead to increased consumption? What will become of those involved in the illegal cannabis industry? What preventive measures should be adopted in schools and on the roads?

Decriminalization of cannabis in Europe

Here are a few examples of cannabis decriminalization in Europe. For a comprehensive overview of the situation in Europe, see our report on legalizing cannabis in Europe.

Germany – legalization for recreational use (2024).

In April 2024, Germany became the first major country in continental Europe to legalize recreational cannabis for adults. The Cannabis Act (CanG) allows individuals aged 18 and older to possess up to 25 grams in public and 50 grams at home, as well as to grow up to three plants for personal use. It has also established a framework for cannabis social clubs, nonprofit organizations that can grow and distribute cannabis to their members. Commercial in-store sales remain suspended pending a second phase of regulation. Germany represents a major symbolic turning point in the European debate—see our feature on the legalization of cannabis in Germany.

Italy and Spain

In these two countries, possession of drugs for personal use has not been subject to criminal prosecution since 1990 and 1992, respectively. If a person is caught with small amounts of drugs and the police have no reason to suspect that serious offenses have been committed, the drugs are seized. The offense may be referred to an administrative authority, which will decide whether to impose a fine (in Spain) or suspend the driver’s license (in Italy). In both cases, the person may be encouraged to seek treatment or consult an addiction specialist.

L’Italy is more or less considering the legalization of cannabis, while Spain has already approved the system of Cannabis Social Clubs.

Portugal

In Portugal, the law of November 29, 2000, decriminalizes the possession and use of all drugs. As in Spain and Italy, the authorities prioritize a health-based response. No charges will be filed if use is occasional or regular. If it is habitual or addictive, it may be treated with medical care.

The changes observed in Portugal Since decriminalization, there have been many positive developments, even though the issue of drug dealing has not yet been addressed.

Ireland

Ireland treats marijuana and hashish differently from other drugs. Possession and use of these substances are punishable only by fines for a first or second offense. A third offense may result in a prison sentence. For other substances, a prison sentence may be imposed even for a first offense.

L’Ireland has legalized medical cannabis.