ABSTRACT
The history of marijuana in India is as complicated as its connection with it. Although marijuana has been a sacred plant for thousands of years and has been associated with religion and culture, the Narcotic Drugs and Psychotropic Substances Act (NDPS Act) of 1985 casts a long shadow by outlawing most forms of marijuana use. This paper explores the confusing legal landscape of marijuana in modern-day India (2024). It further analyses the NDPS Act and highlight contradictions between the illegality of cannabis resin and the unclear legal position of cannabis leaves, or bhang.
Recent events such as legalization of industrial hemp growing creates more complexities about deciding it being legal or illegal. The paper examines the strong justifications for legalization, ranging from the possible health advantages to the financial rewards of a controlled market. it however, recognize the worries, including the prospect of growing addiction, the possible effects on public health, and the constant danger of the underground market. It poses the following question by looking at the global trend toward marijuana reform “might India be about to witness a historic change in its marijuana laws”? While it does not have all the answers, this paper hopes to start a serious discussion on marijuana’s future in the biggest democracy in the world.
KEYWORDS
Marijuana Legalization, NDPS Act (Narcotic Drugs and Psychotropic Substances Act), Global trends in Marijuana legalization, Bhang VS Weed, Medical Marijuana, public health concerns
INTRODUCTION
Marijuana, also referred to locally as “Ganja” or “bhang,” is a key part of India’s rich cultural and religious legacy. It has been used historically for thousands of years, when it was closely linked to cultural and spiritual rituals. Cannabis is mentioned in old writings like the Vedas, where it is regarded as one of the five sacred plants and connected to the god Shiva, who is frequently pictured with a chillum, or smoking pipe.
Marijuana has been utilized in religious rites throughout Indian history, especially by Shiva devotees who use it to help in meditation and reach realms of spiritual enlightenment. Traditionally, people have taken bhang—a delicacy produced from cannabis leaves—during holidays like Holi and Shivaratri.
But in spite of its rich cultural heritage, marijuana’s legal status in India has changed significantly throughout time. Cannabis was categorized as a Schedule I narcotic by the Narcotic Drugs and Psychotropic Substances Act (NDPS Act) of 1985, hence making its possession, cultivation, and sale illegal. International conventions on drug control had a major role in this development, which resulted in tighter laws pertaining to cannabis.
There have been significant changes in India’s legal and public perceptions about marijuana use in recent years. Numerous states have shown their support legalizing the industrial and medical use of cannabis, realizing the plant’s potential advantages in both agriculture and healthcare. In keeping with the global trend of drug policy change, there have also been proposals for the decriminalization or even legalization of marijuana for recreational use.
RESEARCH METHODOLOGY
In order to thoroughly investigate the legality of marijuana in India, this study will use a multi-method approach (2024). First, a legal document analysis will be performed, analysing relevant legal pronouncements as well as the Narcotic Drugs and Psychotropic Substances Act (NDPS Act).
This will entail carefully reading the pertinent portions to find contradictions and exceptions pertaining to the classification of marijuana (bhang vs. cannabis resin, for example). Second, in order to comprehend the current discussions and advancements surrounding the reform of marijuana laws in India, a survey of recent scholarly publications and news stories will be undertaken.
This will shed light on the reasons for and against legalization, considering possible health advantages, financial problems, and public health issues. Finally, a comparison study of worldwide marijuana legalization trends will be conducted in order to provide a more comprehensive viewpoint. This will entail looking at marijuana laws in other nations to see if there are any lessons that may be applied to the Indian setting. By using this combined strategy, the research seeks to offer a comprehensive picture of India’s marijuana legalization situation as it stands today as well as its possible future development.
REVIEW OF LITERATURE
In India, the main laws regulating the use and distribution of narcotic drugs and psychotropic substances are the Narcotic Drugs and Psychotropic Substances Act (NDPS Act) of 1985. Cannabis, the popular name for marijuana, is listed as a Schedule I substance under this Act. It falls under the category of drugs with the highest potential for abuse and the tightest regulatory oversight according to this classification.
Cannabis is defined widely in the NDPS Act to include cannabis resin/flowers, often known as “weed” or “Ganja,” and cannabis leaves/seeds, also commonly referred to as “bhang.” But there is a difference between these several components of the cannabis plant in terms of legality. While the NDPS Act sometimes exempts bhang – a substance produced from cannabis leaves and seeds—for religious and cultural reasons in several jurisdictions, the possession, production, and sale of cannabis resin or flowers remains illegal and subject to penalties.
The amount involved and the nature of the offense can determine the penalties for marijuana-related NDPS Act violations. Small amounts of marijuana that are found in the possession of an individual may result in a fine, a year-long jail sentence, or both. Penalties can be harsher for greater amounts or repeat violations, including hefty fines and a maximum ten-year jail sentence. Penalties for cultivating and selling marijuana are even more severe, with ten years to life in jail.
The legal structure pertaining to marijuana in India contains certain uncertainties and anomalies, even with the strict rules enforced by the NDPS Act. The prominent exception is bhang, which is significant both culturally and religiously, especially in Rajasthan and Uttar Pradesh. In these states, it is legal to produce and sell cannabis as long as you meet certain requirements, like acquiring a license and following local government laws.
The legality of growing industrial hemp, which has minimal concentrations of THC, the psychoactive ingredient in cannabis, is another area of uncertainty. Although growing industrial hemp is legally permitted in some situations—such as those requiring licenses from government agencies—uncertainty is brought about by a lack of regulations and uneven enforcement tactics laid by the government.
- Arguments for Legalization:
Numerous arguments have spurred the recent movement for marijuana legalization in India, with support coming from influential people in the medical community, the business community, and even certain political groups.
Medical Benefits: Physicians and researchers are leading the charge in promoting medical marijuana’s therapeutic potential. They cite other nations’ experiences with it treating illnesses including epilepsy and chronic pain. Research indicates that it may mitigate symptoms such as fainting, shakes, and anxiety, providing solace to individuals with restricted access to medical interventions. Psychiatrists have been a strong supporter of cannabis study that aims to determine whether it might enhance patient health.
Economic Boost: According to economists, legalizing will allow the government to raise significant amounts of tax money. Economist Shujaat Rizvi contends that a controlled cannabis market may produce a large economic benefit in a manner equivalent to the alcohol and tobacco industries. These extra funds could be used for infrastructure improvements, healthcare initiatives, or social projects.
Regulation and Control: Some politicians, especially those from smaller parties, see legalization as a means of controlling an already widely accepted behaviour. There is a thriving illegal market at the moment, which encourages uncontrolled usage and possible health hazards. Legalization would provide the government the ability to regulate the manufacture, sale, and consumption of the substance, guaranteeing its quality and maybe lowering the amount of criminality related to the illegal market.
International Trend: The legalization of marijuana is undergoing fast change on a global scale. Medical marijuana is already legal in many nations, and some even permit recreational usage. India, a country with a long history of medical research, stands to gain from participating in this project and could end up taking the lead in the creation of secure and efficient cannabis-based medications.
These arguments emphasize the possible advantages of legalizing marijuana in India and are made by economists, medical professionals, and certain politicians. They think it might lead to better healthcare, stronger economic growth, and more control over the existing unregulated market.
- Arguments against Legalization:
Public Health Concerns: The central government, led by the Narcotics Control Bureau (NCB), has serious concerns about the possibility of a rise in addiction and abuse, especially among young people. They quote research showing a connection between marijuana usage and mental health conditions like psychosis, respiratory troubles, and cognitive loss. Pulmonologist Dr. Manoj Sharma has discussed the risk of lung damage from cannabis smoke inhalation in a medical magazine.
The NCB is worried about how marijuana usage can affect cognitive function, especially in growing brains. Studies indicate that heavy marijuana usage, particularly in adolescence, may be associated with a minor impairment in cognitive functions like learning, memory, and attention.
Moral and Social Concerns: Social activists and religious authorities’ express concerns about how legalization may affect social cohesion and public morals. Prominent Hindu leader Swami Agnivesh makes the case that marijuana use may contribute to a deterioration in traditional values and an increase in antisocial conduct. Parental groups also express concern about marijuana’s rising accessibility and its propensity to harm youth.
Gateway Drug Theory: According to some academics and politicians, legalizing marijuana might serve as a springboard for more dangerous substances. They contend that making marijuana more widely available could normalize drug use and lead to more people experimenting with addictive substances. Sociologist Dr. Amita Singh has published a study showing the link between marijuana use and a higher likelihood of experimenting with other illegal drugs.
- Global legal landscape
North America:
In 2018, Canada became the first country in the G7 to completely legalize marijuana for recreational use. Every province has its own distribution and sales laws, with an emphasis on public health and safety. The federal government imposes limitations on advertising and minimum age limits.
United States: Currently battling a disorganized system of marijuana legislation. Although marijuana is still illegal on a federal level, it is allowed for recreational use in 24 states, 3 territories, and the District of Columbia. This leads to complications, including restrictions on banking and research.
South America:
Uruguay: an innovator in legalizing, the country established a special government-run system for manufacturing, distribution, and retail in 2013. Residents and citizens can sign up to purchase marijuana from authorized pharmacies or become members of cannabis clubs to cultivate it on their own.
Mexico: A situation with unclear legal status. The Supreme Court decriminalized adult recreational usage in 2018, although there are still gaps in the legislation. It is also legal to use medical marijuana with a doctor’s recommendation.
Europe:
Germany: In 2021, adult recreational cannabis use was legalized. Adults may purchase restricted amounts from authorized retailers, and under certain guidelines, they may cultivate marijuana at home for personal use.
Netherlands: Well-known for having coffee shops that are tolerant with tiny amounts of marijuana use. It’s crucial to remember that these coffee shops aren’t legitimate businesses, and marijuana sales are still prohibited in theory. The use of marijuana for medical purposes is also allowed under some restrictions.
France and the UK: Continue to take a more cautious stance. Possession of marijuana is punished to varied degrees as a criminal offense. Potential policy changes, particularly with relation to the use of medical marijuana, are still up for debate.
The Middle East and Asia:
Thailand: In 2018, the country approved the use of medical marijuana with an emphasis on advancing domestic cannabis production and research. Use for recreational purposes is still prohibited.
Africa: 2018 saw the legalization of medical marijuana in South Africa for a number of ailments. Use for recreational purposes is still prohibited. This could indicate a change in the continent’s perception toward marijuana.
Although not all-inclusive, this list illustrates the variety of strategies used by various nations. We should anticipate more advancements and perhaps modifications to the legal frameworks governing marijuana around the globe as the worldwide dialogue over the drug proceeds.
- Legal Position in India
The Narcotic Drugs and Psychotropic Substances Act, 1985 is the primary law in India pertaining to cannabis, sometimes known as marijuana, or weed. Nonetheless, each state has its own regulations about the use, acquisition, and selling of marijuana. Generally speaking, possessing these narcotics is illegal in India and might land you in in legal trouble
For example, in the Indian state of Odisha, marijuana is legal, and individuals frequently consume it inside the state limits using “chillums.” The first state in India to permit the commercial production of hemp is Uttarakhand. Many other hilly states are thinking about allowing the limited production of hemp and marijuana since it is a rich crop that uses less water.
Cannabis is described as the top portion of the cannabis plant that is flowering top out of which the resin has not yet been removed. When leaves and seeds do not make up a portion of the top, they are excluded. According to this description, “bhang” is not a component of the cannabis plant, which is why it is freely consumed on many holy occasions in India.
In India, a law called the NDPS Act controls cannabis. This law defines cannabis as charas (hashish), ganja (the flowering tops of the plant), and any drinks or mixtures made from them. Interestingly, bhang, a drink made from cannabis leaves and seeds, is not included in this definition.
The NDPS Act makes it illegal to sell or produce charas and ganja. It is also illegal to be caught with these parts of the plant. However, the law allows states to make their own rules about leaves and seeds.
There are also some state-specific laws. For example, in Assam, a separate law bans the sale, possession, and use of both ganja and bhang. And in Maharashtra, another law prohibits making, having, or drinking bhang without a special permit.
In India, being caught with weed or marijuana is considered an offense under the NDPS Act. The intention behind possessing prohibited drugs doesn’t matter; what matters is the quantity. If someone is caught with drugs or is found to be a drug addict, they may avoid prosecution by opting for voluntary de-addiction treatment.
Laws governing drug possession and consumption by juveniles in India include The Narcotic Drugs and Psychotropic Substances Act, 1985, The Juvenile Justice (Care and Protection) Act, 2000, and various state drug laws.
The consequences for carrying drugs like weed or marijuana in India are severe. According to section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985, engaging in activities like production, sale, purchase, transportation, or interstate import/export of cannabis is punishable.
For possessing a small quantity, one may face rigorous imprisonment for up to 6 months, a fine of Rs. 10,000, or both. Possession of more than a small quantity but less than the commercial quantity can lead to imprisonment for up to 10 years, a fine of Rs. 1 lakh, or both. Possessing a commercial quantity, slightly less than commercial quality, may result in imprisonment for 10-20 years, a fine of Rs. 1-2 lakh, or both.
The defined small and commercial quantities of various drugs in India are as follows:
Heroin: 5 grams – 250 grams
Cocaine: 2 grams – 100 grams
Hashish or Charas: 100 grams – 1 kg
Opium: 25 grams – 2.5 kgs
Ganja: 1kg – 20 kgs
Allowing premises to be used for such offenses makes one liable under section 25 of the NDPS Act, with the same punishment as mentioned under section 20. Different states in India have their own rules and amendments, making navigating drug laws even more challenging. It is crucial to be aware that the law can come down heavily on anyone found in possession of even the smallest quantity of drugs.
- Recent developments in India
State Exploring Potential; The state of Himachal Pradesh is in the lead. In order to investigate the viability of legalizing cannabis for industrial and medical uses, the government started talking with agricultural institutions and the Council for Scientific and Industrial Research (CSIR) in 2023. This could entail studies on farming practices, possible medical uses, and financial gains for farmers.
In Uttarakhand, where some lawmakers have indicated interest in investigating the possibilities of medical marijuana, notably for pain management and palliative care, similar conversations are beginning. Concrete measures to legalize, though, have not yet been implemented.
Shifting public discourse; Media Conversations: The possible medical advantages of marijuana are being covered in more and more articles in reputable Indian newspapers like The Hindu and The Times of India. These articles frequently emphasize current studies on cannabis and its medicinal uses, which might serve to increase public knowledge and possibly have an impact on legislative reforms.
The nation’s leading medical association, the Indian Medical Association (IMA), has demonstrated a cautious openness to investigating the therapeutic potential of marijuana. Before approving legalization for medical use, they stress the necessity of additional study and strong regulatory structures.
Challenges and Roadblocks
The Narcotics Control Bureau (NCB) is still adamantly opposed to legalizing marijuana. They convey concerns about possible abuse and rising rates of addiction, especially in the youth. The central government’s opposition is a significant obstacle to any state-level legalization initiatives.
In India, there is still a strong societal stigma associated with cannabis use. Campaigns for public education and awareness will be essential to addressing these issues and fostering knowledgeable conversations about appropriate use and its possible advantages.
SUGGESTIONS
this paper suggests a multifaceted strategy that gives the public’s health, financial gains, and prudent regulation first priority.
Give medical marijuana legalization top priority: A sizable portion of the population in India suffers from epilepsy, chronic pain, and other ailments for which medical marijuana shows promise. Legalization for medical use might give patients much-needed respite and create a framework for supervised distribution and study. This first move could demonstrate the responsible use of cannabis inside a regulatory framework and help address public health concerns.
Invest in research and education; In order to debunk misconceptions and prove marijuana’s possible medical benefits, thorough research is essential. It will be essential to provide funding for studies on the effects of cannabis and the right dosages. Public education initiatives are also necessary to combat social stigma and encourage adult users to use responsibly.
Create a Robust Regulatory Structure: A clear legal framework is essential if marijuana legalization extends beyond medical applications. This framework ought to deal with things like, create a framework for granting licenses to companies that produce, distribute, and sell marijuana-related goods. Strict quality control procedures should be followed to guarantee the uniformity and safety of the product.
Taxation: Create a tax structure that makes money for the state while keeping healthcare costs reasonable for both patients and responsible users.
Protections for Public Health: Put policies in place to stop underage usage, drunk driving, and addiction.
CONCLUSION
India finds itself at a crossroads with marijuana. The NDPS Act casts a long shadow, yet inconsistencies and exemptions create a hazy legal landscape. While the potential medical and economic benefits of a regulated market are undeniable, concerns about addiction and public health remain. Looking outwards, the global trend leans towards reform. Could India be next? Unveiling the true potential of marijuana hinges on a balanced approach – one that acknowledges its medical promise while prioritizing public health and crafting robust regulations to prevent misuse. Only through open dialogue and a commitment to evidence-based policy can India navigate the legal haze surrounding marijuana and unlock its potential benefits for the nation.
Legalizing marijuana in India is a complicated matter with possible advantages as well as disadvantages. Future responsible legalization and regulation can be paved with a cautious, research-driven strategy that prioritizes medical use. India can effectively negotiate this tricky region and perhaps gain from marijuana use while safeguarding its inhabitants by prioritizing public health, strengthening legal structures, and creating economic opportunities.
Name – Rishabh Sharma
College Name – Asian Law College, Noida