Is Weed or Marijuana Legal in India?

Is Weed or Marijuana legal in India?

In India, the roots of weed can be traced back to 1700 BCE. As time passed, it has been known with several names such as Marijuana, Cannabis, Charas, Ganja, Bhang etc. Cannabis has been a part of India, especially in Hindu religion in the form of charas (resin), bhang (seeds), and ganja (flower of cannabis). Its popularity is because of its one and only characteristic, i.e., high.

The consumption of cannabis can be seen in a large number on Hindu festivals of Holi and Shivratri in which they use cannabis seeds and leaves in the form of bhang known as “Thandai”. However, that pops up is ‘Weed legal or illegal?’

What does the Law say about Marijuana?

Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 deals with the offences related not only to the consumption but also cultivation, possession, use, sale/purchase, import/export, transportation and warehousing of cannabis, except for medical or scientific purposes.

What is the punishment for carrying drugs (Weed or Marijuana) in India?

As per section 20 of Narcotic Drugs and Psychotropic Substances Act, 1985 production, sale/purchase, transportation, interstate import/export or any other commercial activity of cannabis is punishable

• For holding a small quantity, the prescribed punishment is rigorous imprisonment for up to 6 months, fine of Rs. 10,000 or both.
• For holding more than a small quantity but less than the commercial quantity, the prescribed punishment is rigorous imprisonment for up to 10 years, fine of Rs. 1 lakh, or both.
• For holding commercial quantity, but slightly less than commercial quality, the prescribed punishment is rigorous imprisonment for up to 10-20 years, fine of Rs. 1-2 lakh, or both.

• Under Section20, in the case of cultivation, a fine up to one lakh rupees and rigorous imprisonment of up to 10years might be levied.
• For possession of small quantities –
• Heroin: 5grams-250grams
• Cocaine: 2grams-100grams
• Hashish or Charas: 100grams-1kg
• Opium: 25grams-2.5kgs
• Ganja: 1kg-20kgs

A penalty of ten thousand rupees or a jail term of 6months or 1 year.

• If someone is caught with commercial quantities(1kg for charas and hashish, 20kgs of ganja), the court can serve a stern imprisonment for up to twenty years and pay a fine of 2lakh rupees.
• Section 25 states that if a person knowingly allows one’s premises to be used for committing an offense under NDPS Act, 1985 he will be deemed to the same punishment as under Section 20.
• Section 28 deals with attempts, abetment and criminal conspiracy with regard to marijuana.

The law might vary from one State to another as each State has the power to control, permit and regulate these activities. In general, in India, possession of these drugs is considered a criminal act.

For instance, Odisha is a State in which weed is legal in India and people commonly use ‘chillums’. Uttrakhand is the first State in India to allow commercial cultivation of hemp. But in Uttar Pradesh excise rules there’s a prison term of two years and a payment of fine if someone :-

1. Imports, exports, transport or possess any intoxicant other than charas.
2. Cultivated any hemp plant (cannabis sativa).
3. Collects or sells any portion of the hemp plant.

As per the estimate around 60000kgs of hash and 40000kgs of opium are produced in Himachal Pradesh.

In spite of a legally enforced ban, marijuana is still used in various forms.

Views of NDPS Act on Bhang

The NDPS Act defines ‘cannabis’ as:

• Charas, crude or purified, is a separated resin obtained from the cannabis plant and includes concentrated preparation or resin called liquid or hashish oil.
• Ganja, the flowering or fruiting top, that excludes seeds and leaves which do not form part of the top.
• Any mixture or drink made out of charas or ganja.

The definition of cannabis under the NDPS Act excludes bhang as a part of the plant as well. 

The NDPS Act prohibits the sale and production of cannabis resin and flowers, but the use of leaves and seeds of the cannabis plant is permitted, with the states having the power to regulate and form the state rules for it. Any person caught in possession of any of these parts of the cannabis plant may be arrested.

The Assam Ganja and Bhang Prohibition Act, 1958 bans the sale, possession, purchase, and consumption of ganja and bhang. The Bombay Prohibition (BP) Act, 1949 prohibits the manufacture, possession, and consumption of bhang and bhang-containing substances without a license in Maharashtra. 

Bhang does not fall within the definition of Cannabis (hemp) as defined in Section 2 (iii) of the NDPS Act, 1985. In 2004, a local Court in the State of Haryana, ruled that “bhang does not fall under the definition of cannabis” in the law. Thus its possession is not an offense.

Medical Use of Marijuana

It is a well-known fact that Marijuana has several medicinal  benefits. It treats glaucoma, prevents cancer, reduces anxiety, slows the progress of Alzheimer’s, improves metabolism and is even said to spur creativity in our brain.

View of other countries on possession of Marijuana

• Canada becomes the second country to fully legalize possession of weed in the year 2018.
• Uruguay is one of the first nations to legalize weed in the world. It has legalized growing, selling and consumption of weed in the year 2013.
• Selling drugs in Spain is illegal, although smoking weed privately or growing for private consumption is allowed.

Weed, marijuana, bhang, charas, ganja and so on, cannabis in India has been given numerous names and forms over thousands of years. Cannabis has been a part of India, specifically in the Hindu religion, used in the form of charas (resin), bhang (seeds), and ganja (flower of cannabis).  

The most commonly used form of cannabis in India is in the form of bhang used to make 'Thandai', a milkshake laced with cannabis seeds and leaves, consumed on Hindu festivals of Holi and Shivratri, the Sikh festival of Hola Mohalla, and other festive forms. However, Is weed legal in India? is the primary question that still comes up whenever someone mentions weed, marijuana or bhang.

The central law that deals with cannabis (weed or marijuana) in India is the Narcotic Drugs and Psychotropic Substances Act, 1985.However, different states have their own laws relating to consumption, possession, sale or purchase of weed or marijuana. In general, in India, possession of these drugs is considered a criminal act and can get you in serious legal trouble. 

For instance, Odisha is a state in which weed is legal in India and people commonly use 'chillums' to smoke weed within the state’s territory. Uttarakhand is the first state in India to allow commercial cultivation of Hemp. Since its a rich crop that requires less amount of water, many other hilly states are considering the proposal to allow controlled production of Hemp, and marijuana. 

Cannabis has been defined as the flowering or fruiting top of the cannabis plant out of which the resin has not been extracted. This excludes the seeds and leaves when they do not form the part of the top. By this definition, 'bhang' does not constitute a part of the cannabis plant and hence 'bhang' is openly consumed in India on numerous religious occasions. 

Why is marijuana illegal in India? Can it be legalized?

Indians have a very strong mythical and medicinal relationship with Marijuana. Its been here for centuries as part of our festivities and culture. In 1986, Govt of India under pressure from the medicinal lobby of the US, gave in to create stringent narcotic laws that made the sale, production, and transportation of illegal in the country.

There have been for or against the argument for legalizing this drug ever since. The law has been unable to make a real difference, albeit shifted a legal source of state income to international drug cartels. 

As per the estimate around 60,000 kgs of hash and 40,000 kgs of opium are produced in Himachal Pradesh. Out of that, only 500 kgs are seized annually. By making it legal, the govt can add to state income, it can also help the local economy of hilly states with limited water and the huge demand for this drug can be legally fulfilled reducing the illegal crimes associated with this industry. 

External Links:

[1] Narcotic Drugs and Psychotropic Substances Act, 1985: A detailed view of the Narcotic Drugs and Psychotropic Substances Act, 1985

[2] The Assam Ganja and Bhang Prohibition Act: A brief into The Assam Ganja and Bhang Prohibition Act, 1958

[3] The Bombay Prohibition (BP) Act, 1949: A sitemap into The Bombay Prohibition (BP) Act, 1949