The laws surrounding the possession and use of marijuana over the past couple years have been getting looser and looser. States and counties around the country have been decriminalizing, and even legalizing it. People tend to get confused, however, on the topic of decriminalization versus legalization as they are often used interchangeably when they shouldn’t be.
Legalization is when the state, or hopefully in a couple years the federal government, passes a law regulating the sale and use of marijuana for either recreational or medical use. Think of California and Colorado when it comes to sale and possession, since both are completely legal there.
Now, decriminalization is where marijuana is still entirely illegal, but the penalties surrounding possession and usage typically will not land you in prison. Baton Rouge and New Orleans are both examples of marijuana being decriminalized as both cities have passed city ordinances, laws enforceable only in a particular city passed by the governing body of said city, on personal marijuana use.
The two ordinances, Section 54-505 and Section 13:966 of the New Orleans and Baton Rouge Code of Ordinances, are significantly more lax in their respective punishments for “simple” marijuana possession or of less than 14 grams. As opposed to the state law, found in Title 40 Section 966 and Section 1046 of the Louisiana Revised Statutes, that calls for 15 days in parish jail and/or a fine of $300, the two city ordinances call for a fine of just $40 with no jail time whatsoever.
Because there is a conflict between the state law and city law, it is up to the local court system to determine which one to follow. In this case, the city ordinance should take precedence over state law, because the intent of the city ordinance is to cut down on the number of people serving jail or prison time for marijuana possession. Meaning, that a person caught with 14 grams or less in either Baton Rouge or New Orleans will potentially only have to pay a $40 fine.
This all works because city ordinances act as a more specific code of law for an individual city since cities can range drastically in population, culture, and political orientation. New Orleans and Baton Rouge both have more cases of marijuana possession since one is a college town and the other is a tourist attraction. Also, both lean more towards Democrats than anywhere else in Louisiana. This means that neither city wants harsh punishments, nor does the legal system have the capacity to deal with every incident of marijuana possession, hence the city ordinance.
All in all, decriminalization versus legalization can be summed up as this; with decriminalization, marijuana is still illegal, but there is no significant punishment for it. Legalization means that the sale and use of it are regulated in some way, shape, or form by some government entity. Personally, it doesn’t make sense to me why you would not have a punishment for something but still have it be illegal, but hey, what do I know.
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Legalization Versus Decriminalization: It doesn’t make sense, but just go with it
March 25, 2019
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