Difference between legal and decriminalization?

[caelin]

In Australian law you often hear about certain drugs being "decriminalized".

What is the actual difference under the law between being decriminalized and being declared legal?

[darik2]

Usually if something is 'decriminalised', it is still a crime but it is expiable. This means that you get an expiation notice requiring you to pay a fee. If you pay the fee, you won't be charged for the offence. If you don't pay, then you can be prosecuted just like with any other crime.
The expiation fee is often referred to as a 'fine', but technically that's something different. A fine is a penalty imposed by a court where a person has been convicted of an offence. To be convicted, they have to be formally charged and then either plead guilty or be found guilty at trial. With an expiation fee, there has been no charge, no formal determination of guilt, no trial, no sentence.
Obviously the application of expiation notices in respect of drugs is limited. You might get an expiation notice for 4g of cannabis, but not for 4kg. So simply describing 'cannabis' (for example) as decriminalised is a bit misleading. And even where the expiation system does apply, it is still technically a 'crime'.

If something is 'legal', that means that it is actually not a crime. So you can't be charged, and nor can you be given an expiation notice for it.

[coinleain]

Decriminalized means you cannot be put in jail or get a criminal record for it. You get a fine, you pay it, and you're done.

An example of something that is non-criminal would be a parking ticket. As long as you pay it, it's not a crime and it doesn't go on your record.

[honi]

Decriminalized means you cannot be put in jail or get a criminal record for it. You get a fine, you pay it, and you're done.

An example of something that is non-criminal would be a parking ticket. As long as you pay it, it's not a crime and it doesn't go on your record.

In the USA... decriminalization means there IS law against but the law is NOT enforced, thus making an infraction similar to a parking ticket, with a small fine maybe and nothing else...

I only refer to the USA, but I expect law in AU would be similar.

[montgomery69]

Decriminalized - it's still illegal, but getting caught is a civil matter with a fine and possible community service in lieu of jail time.

Legalized - it's taxed and regulated by the state, who allows you to purchase and use the drug.

[stephon14]

decriminalization usually refers to removing a jail term / harsh penalty for an offense, instead they replace it with a ticket and a small fine.

legal would make it not an offense at all, and without penalty.

[karlitis]

decriminalized mean like the offense is seen as a traffic ticket. Not very serious just have to pay a fine. Legal mean well it legal and may be used at anytime with out facing punishment.