Decriminalization vs. legalization — what's the actual practical difference?

Decriminalization means removing criminal penalties for personal possession and/or use — you typically can't be arrested or prosecuted, but the substance remains illegal, you can't buy or sell it legally, and civil penalties (fines) may still apply. This is the model in Denver (2019, first US city), Oakland, Santa Cruz, Somerville, and the 2020 Oregon Measure 110. Decriminalization protects individual users without creating a legal supply chain.

Legalization creates a regulated legal framework — licensed production, distribution, and sale or service. Oregon Measure 109 and Colorado Prop 122 are legalization of licensed services, not full legalization for personal purchase. Full commercial legalization (like cannabis) doesn't currently exist for psilocybin anywhere in the US.

The policy debate: harm reduction advocates often prefer decriminalization first because it protects users immediately without the regulatory complexity and access barriers of a licensed service model. Medical advocates often prefer the licensed model because it creates a clinical framework that builds toward insurance coverage and FDA approval. Both have real advantages for different populations and goals.