There has been a lot of discussion about marijuana use and possession in the news over the last several years. Some states have legalized marijuana -- including Oregon's neighbor Washington -- some states have decriminalized marijuana and others continue to prosecute all marijuana possession cases. Furthermore, the federal government has added to the confusion by continuing to treat marijuana possession as a crime.
The legalization of marijuana occurs when a state removes all criminal charges associated with the drug within the state. This means that people in those states -- including Washington -- will not be punished for the recreational use or possession of the drug. However, there are generally restrictions about the amount of marijuana that can be used, locations where use is allowed and the age of legal participants. Oregon has not legalized marijuana in this way. Neither has the federal government.
However, Oregon has decriminalized marijuana possession along with one third of the states in the United States. Decriminalization means that the state has chosen not to criminally prosecute people who have small amounts of marijuana in their possession. Instead, these cases are treated more like traffic violations than serious criminal charges.
Furthermore, Oregon has a medical marijuana program that allows those enrolled to possess small amounts of marijuana. However, that program also has rules and regulations that participants must follow. Therefore, if someone violates the rules of the program, that person could face criminal charges and penalties.
These laws apply only when people have small amount of marijuana. Those with large amounts of the drug, could face drug trafficking or distributing charges that carry serious penalties for those convicted. Additionally, the federal government has not decriminalized marijuana possession.
The distinction between the legalization of marijuana and the decriminalization of marijuana is complicated. Therefore, those facing marijuana charges should understand all the legal rights available to them under the law. An attorney can be helpful in understanding these complexities.
Source: Findlaw.com, "Marijuana Legalization and Decriminalization Overview," accessed on Sept. 6, 2014
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