Cannabis Law in India

Cannabis laws in India are deeply rooted in the country’s historical, cultural, and legal fabric. While cannabis consumption has been a part of traditional Indian practices for centuries, its regulation has evolved under the influence of colonial laws, international treaties, and modern-day socio-economic considerations. This article discusses the laws governing cannabis in India, its historical context, and emerging trends in the cannabis industry.

Historical and Cultural Context of Cannabis in India

Cannabis has been ingrained in Indian culture and traditions for millennia. The earliest references to cannabis can be found in the Atharva Veda, dating back to 1000 BCE, which describes the plant as a “source of happiness,” a “joy-giver,” and a “liberator.” Cannabis, often consumed as bhang, is associated with the Hindu deity Shiva, who is believed to use it for inward focus and divine energy.

Bhang remains a traditional offering during festivals like Maha Shivaratri and Holi, signifying its cultural and religious importance. In traditional medicine, cannabis has been used in Ayurveda and Unani for treating digestive disorders, enhancing appetite, and addressing nervous system ailments.

Colonial Era Regulations on Cannabis

During British rule, the widespread use of cannabis in India led to regulatory measures. The Indian Hemp Drugs Commission Report (1894) was commissioned to study its usage. The report concluded that banning cannabis would be impractical due to its deep-rooted cultural significance. Instead, it recommended regulating its trade through licensing.

Pre-independence, cannabis was governed under broader drug laws such as:

• The Opium Act of 1857 and Opium Act of 1878, which indirectly regulated cannabis.
• The Dangerous Drugs Act of 1930, which introduced stricter controls on narcotic substances.

Post-Independence Legal Framework on Cannabis in India

India’s approach to narcotic substances, including cannabis, is shaped by Article 47 of the Constitution, which directs the state to prohibit intoxicants except for medicinal purposes. This principle aligns with international conventions like the:

• Single Convention on Narcotic Drugs (1961)
• Convention on Psychotropic Substances (1971)
• UN Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances (1988)

India is a signatory to these treaties, and their obligations are embedded in the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985.

The Narcotic Drugs and Psychotropic Substances Act, 1985

The NDPS Act, 1985 serves as the principal legislation governing cannabis in India. It defines cannabis as:

• Charas: Resin obtained from the cannabis plant, including hashish oil.
• Ganja: Flowering or fruiting tops of the cannabis plant (excluding seeds and leaves).
• Bhang: Specifically excluded from the definition, as it is made from leaves and seeds unaccompanied by the tops.

Prohibitions and Punishments

The NDPS Act prohibits the production, sale, and consumption of cannabis resin and flowers but allows state governments to regulate the use of bhang. Penalties under the Act are determined by the quantity of cannabis possessed:

• Small Quantity: Up to 6 months of rigorous imprisonment, a fine of ₹10,000, or both.
• More than Small Quantity but Less than Commercial Quantity: Up to 10 years of rigorous imprisonment, a fine of ₹1,00,000, or both.
• Commercial Quantity: 10 to 20 years of rigorous imprisonment, a fine ranging from ₹1,00,000 to ₹2,00,000, or both.

State-Specific Cannabis Laws

Despite the NDPS Act’s framework, cannabis regulation varies across states:

• Assam: The Assam Ganja and Bhang Prohibition Act, 1958, bans bhang consumption.
• Maharashtra: The Bombay Prohibition Act, 1949, requires a license for manufacturing, possessing, or consuming bhang.
• Gujarat: Legalised bhang in 2017, removing it from the list of intoxicants due to its cultural association with Lord Shiva.

States that permit bhang consumption often impose additional regulations, such as age restrictions and limits on the quantity one can possess.

Industrial and Medicinal Use of Cannabis

Cannabis cultivation for industrial and medicinal purposes is permitted under strict regulations. The National Policy on Narcotic Drugs and Psychotropic Substances recognises cannabis as a source of biomass, fibre, and high-value oil. Cultivation is allowed for:

• Industrial Hemp: Must contain less than 0.3% THC.
• Medicinal Cannabis: State governments regulate licensing for cultivation and research.

The Food Safety and Standards Authority of India (FSSAI), in 2021, officially certified hemp seeds and products containing less than 0.3% THC as food, paving the way for the commercialisation of hemp-based products.

Medicinal Cannabis and Cannabidiol (CBD)

The NDPS Act does not specifically address cannabidiol (CBD), a non-psychoactive compound derived from cannabis. However, the FSSAI’s notification of 2021 states that CBD is permissible in food products within prescribed limits. This regulatory gap creates opportunities for CBD-based pharmaceuticals and wellness products while requiring careful navigation of the law.

Cannabis Startups and Economic Potential

India’s emerging cannabis industry is leveraging global trends, with startups focusing on:

• Pharmaceuticals: Cannabis-derived medicines for pain relief and chronic conditions.
• Cosmetics: Hemp-based skincare products.
• Food Products: Hemp seeds, oils, and protein powders.
• Apparel and Accessories: Sustainable fashion using hemp fibre.

With the global legal marijuana market projected to reach $102.2 billion by 2030, India’s large and expanding middle class represents a significant market for cannabis-based products. Legalisation advocates argue that cannabis cultivation could strengthen India’s economy and create employment opportunities.

Advocacy for Legalisation of Cannabis in India

A growing number of political leaders and public figures support cannabis legalisation. Prominent voices include:

• Shashi Tharoor: Advocated for decriminalising cannabis to align with global practices.
• Maneka Gandhi: Highlighted the medical benefits of cannabis.
• Tathagata Satpathy: Emphasised its economic potential.

In 2019, Madhya Pradesh became the second-largest state to legalise cannabis cultivation for medical and commercial purposes. Several court petitions have also been filed, citing the medicinal and economic benefits of cannabis.

Challenges and Legal Ambiguities on Cannabis

India’s cannabis laws face several challenges:

• THC Content: The NDPS Act does not define cannabis based on THC content, creating regulatory confusion.
• CBD Regulation: While FSSAI permits CBD in food, its legal status under the NDPS Act remains unclear.
• State Variations: Different states have conflicting laws, complicating compliance for businesses.

Conclusion

Cannabis law in India reflects a complex interplay of historical, cultural, and legal factors. While the NDPS Act imposes strict regulations on cannabis resin and flowers, the exclusion of bhang underscores its cultural significance. The legal framework for industrial hemp and medicinal cannabis is gradually evolving, driven by global trends and domestic advocacy. As the cannabis industry gains momentum, India has the potential to become a key player in the global market, provided it addresses existing legal ambiguities and harmonises state and national policies.