Legal Status of Bhang, Cannabis, Marijuana, and Weed in India

India has a long-standing cultural and religious relationship with cannabis, making its legal status a complex subject. From traditional drinks like bhang consumed during religious festivals to the widespread cultivation of cannabis plants in certain regions, the country’s laws reflect a nuanced balance between regulation, tradition, and societal attitudes. This article delves into the legal status of bhang, cannabis, marijuana, and weed in India, explaining their distinctions and exploring the framework governing their use.

Understanding Cannabis and Its Variants

Cannabis is a plant that contains psychoactive compounds, the most notable being tetrahydrocannabinol (THC). The specific part of the plant used determines the derivative it produces. Below are the main variants of cannabis:

1. Bhang:
   • Bhang is made from the leaves and seeds of the cannabis plant.
   • It is traditionally consumed as a drink during festivals like Holi and Shivratri.
   • With lower concentrations of THC, bhang is less intoxicating than other cannabis derivatives.
2. Marijuana/Weed:
   • Marijuana is derived from the flowering tops of the cannabis plant.
   • It has a high THC content, which leads to significant psychoactive effects.
   • Marijuana is commonly smoked or vaporised for recreational use.
3. Hashish (Charas):
   • Hashish, or charas, is made from the resin extracted from cannabis plants.
   • It is more potent than marijuana and is often used recreationally for its strong psychoactive effects.
4. Hemp:
   • Hemp is a non-psychoactive variant of the cannabis plant, containing THC levels below 0.3%.
   • It is primarily used for industrial purposes, including the production of textiles, paper, and wellness products.

Each of these variants has distinct characteristics and uses, ranging from cultural and recreational purposes to industrial applications.

Laws Governing Cannabis in India

The regulation of cannabis in India is governed by the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985. This legislation criminalises certain forms of cannabis while allowing exceptions for traditional and industrial uses.

Bhang

• Bhang is legal under the NDPS Act because it is made from the leaves and seeds of the cannabis plant, which are not classified as narcotic substances.
• Its sale and consumption are regulated by state excise laws. States like Uttar Pradesh and Rajasthan have government-authorised shops that sell bhang, especially during religious festivals.
• Bhang holds significant cultural and religious importance in India, particularly during festivals like Holi and Shivratri, and is closely associated with the worship of Lord Shiva.

Marijuana and Hashish

• Illegal under the NDPS Act, marijuana (ganja) and hashish (charas) are derived from the flowering tops and resin of the cannabis plant, respectively.
• The production, possession, transport, sale, and consumption of these substances are criminal offences, with penalties depending on the quantity involved:
  • Small Quantity: Up to 1 year of imprisonment or a fine of ₹10,000 (~$135), or both.
  • Commercial Quantity: 10-20 years of imprisonment and a fine of up to ₹2,00,000 (~$2,700).

Hemp

• Hemp, a non-psychoactive variant of cannabis with low THC content (below 0.3%), is permitted for industrial purposes.
• It is used in the production of textiles, paper, and wellness products.
• States like Uttarakhand and Madhya Pradesh have taken proactive steps to promote hemp cultivation under state-regulated frameworks, recognising its industrial and economic potential.

Is Weed Legal in India?

Weed, derived from the flowering tops of the cannabis plant, is not legal in India under current laws. It is classified as a narcotic substance under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985, which criminalises the production, possession, sale, and consumption of marijuana (weed). The Act distinguishes weed from cannabis leaves and seeds, which are used to make bhang and are not considered narcotics.

Legal Provisions for Weed

The NDPS Act defines marijuana, or ganja, as the fruiting or flowering tops of the cannabis plant, excluding the leaves and seeds. This classification makes the cultivation, sale, and use of weed a punishable offence. Penalties for weed-related offences depend on the quantity involved:

• Small Quantity: Up to 1-year imprisonment or a fine of ₹10,000, or both.
• Commercial Quantity: 10-20 years imprisonment and a fine of up to ₹2,00,000.

Widespread Use Despite Ban

Despite its illegal status, weed is widely consumed in India. A 2018 report by Seedo, an Israel-based firm, revealed that cities like Delhi and Mumbai rank among the largest cannabis consumers globally, with Delhi alone consuming 32.38 metric tons annually.

Is Bhang Legal in India?

Yes, bhang is legal in India due to its unique classification under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985. Unlike marijuana or hashish, bhang is made from the leaves and seeds of the cannabis plant, which are explicitly excluded from the NDPS Act’s definition of narcotics. This distinction allows for the production, sale, and consumption of bhang in most parts of the country, although its regulation falls under state excise laws.

Cultural and Religious Importance

Bhang has deep cultural and religious roots in India. It is traditionally associated with Hindu festivals like Holi and Shivratri, during which it is consumed in drinks such as bhang lassi or bhang thandai. It is also closely linked to the worship of Lord Shiva, who is often depicted consuming cannabis in various forms. Due to its cultural significance, bhang enjoys a level of societal acceptance not afforded to other cannabis derivatives.

State-Specific Regulations

The regulation of bhang varies across states:

• Rajasthan and Uttar Pradesh: Bhang is sold openly in government-licensed shops, especially during festivals.
• Himachal Pradesh: Bhang consumption is common during religious and cultural celebrations, though the sale may not always be formally regulated.
• Madhya Pradesh and Uttarakhand: These states allow controlled cultivation of cannabis plants, including for bhang production.

Is Marijuana Legal in India?

No, marijuana is not legal in India. Under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985, marijuana, also referred to as weed or ganja, is classified as a narcotic substance. The Act criminalises the cultivation, possession, sale, and consumption of marijuana, with strict penalties based on the quantity involved.

Legal Definition of Marijuana

The NDPS Act defines marijuana (ganja) as the flowering and fruiting tops of the cannabis plant. These parts of the plant are rich in tetrahydrocannabinol (THC), the psychoactive compound responsible for its intoxicating effects. Unlike the plant’s leaves and seeds, which are used to make bhang and are excluded from the NDPS Act, marijuana is strictly prohibited.

Penalties for Marijuana Offences

The severity of punishment for marijuana-related offences depends on the quantity involved:

• Small Quantity: Up to 1 year of imprisonment, a fine of ₹10,000, or both.
• Commercial Quantity: 10-20 years of imprisonment and a fine of up to ₹2,00,000

Widespread Use Despite Prohibition

Despite its illegal status, marijuana use is widespread in India. According to government estimates, millions of Indians consume marijuana in various forms. Cities like Delhi and Mumbai are among the largest cannabis consumers globally. The Himalayan regions, such as Uttarakhand and Himachal Pradesh, are known for the natural growth of cannabis plants.

Is Cannabis Legal in India?

The legal status of cannabis in India is complex and depends on which part of the plant is being discussed. While some parts of the cannabis plant are legal under certain conditions, others are strictly prohibited. Cannabis is primarily regulated under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985, with its legality varying based on usage, region, and the specific part of the plant involved.

Cannabis and the NDPS Act

The NDPS Act defines cannabis (hemp) in three forms:

1. Charas: The resin extracted from the cannabis plant, including concentrated forms like hashish or hash oil.
2. Ganja: The flowering or fruiting tops of the plant, excluding the seeds and leaves.
3. Bhang: The paste made from the leaves and seeds, which is excluded from the Act’s definition of narcotics.

The resin (charas) and flowering tops (ganja) are classified as narcotics, and their production, possession, and consumption are illegal. However, the leaves and seeds of the cannabis plant, used to make bhang, are not considered narcotic substances and are legal under Indian law.

State-Specific Regulations

Certain states regulate cannabis cultivation for industrial or medicinal purposes:

• Uttarakhand: The first state to legalise hemp cultivation for industrial use.
• Madhya Pradesh and Uttar Pradesh: Permit-controlled cultivation for scientific and medicinal purposes.

Industrial and Medicinal Cannabis

While the recreational use of cannabis is prohibited, there is growing interest in its industrial and medicinal applications. Hemp, a non-psychoactive cannabis variant, is increasingly used in textiles, paper, and wellness products. However, companies involved in this industry must obtain special licenses.

Conclusion

The legal status of cannabis in India reflects a balance between tradition, regulation, and modern challenges. While bhang enjoys cultural acceptance and legal protection, marijuana and hashish remain criminalised under the NDPS Act. As global attitudes toward cannabis evolve, India has the opportunity to harness its economic and medicinal potential through reform and regulation. A nuanced approach that respects cultural practices while promoting industrial and medicinal use could pave the way for a progressive cannabis policy in the future.