ABSTRACT
The use of the criminal law to prohibit activities related to cannabis is a relatively recent historical phenomenon, with the first examples of countries taking this approach emerging at the end of the nineteenth century. The trend towards criminalization continued throughout the early twentieth century, as countries across the globe adopted criminal laws to limit access to cannabis. However, in the 1970s, whilst Nixon was declaring “a war on drugs,” several US states were implementing decriminalization policies in relation to cannabis possession. It is estimated that around 30 countries have now ended criminal sanctions for possession of either all drugs or cannabis. These reforms have been achieved through legislative reform, constitutional court decisions or because police and prosecutors have decided not to implement the criminal law for possession of drugs. This chapter briefly considers the history of cannabis prohibition and some of the drivers for prohibition of the drug, including, in the US, the racist undertones for criminalizing cannabis possession, supply and production. We then consider the different paths towards achieving decriminalization, the evidence of the impact of this legal approach on prevalence, social and economic outcomes, the criminal justice system and finally, the limitations of decriminalization.
