Decriminalisation
When drug use and possession are decriminalised, criminal charges are not applied.
Criminal charges are those brought against a person by police and legal practitioners on behalf of the government. They are managed through the court system.* If a person is found guilty and convicted, punishment may include jail time. The person will also have a criminal record.
A criminal conviction can result in the breakdown of personal relationships and close off future employment, housing and travel options. For example, future employers may reject a job application because of a criminal record. A person with a criminal record may not be granted a visa to visit other countries. The stigma of a criminal record may cause mental anguish. Having a criminal record can severely impact on someone’s life.
Decriminalisation may replace criminal penalties with civil penalties. These could include referral to an education or treatment program, or a fine. Civil cases do not have to go through the court system and may be dealt with by tribunals.1 While records may be kept by a tribunal, these are not criminal records and will not affect employment, housing, or travel opportunities. The key difference to a criminal model is that in a decriminalised model, while penalties still apply for use and possession of drugs, they are no longer criminal charges.
Decriminalisation is not legalisation. If drug possession and personal use are decriminalised, it is still illegal to possess and use drugs. Selling and manufacturing drugs still carry criminal penalties.