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Laws In India surrounding the consumptions and possession of Marijuana
Marijuana, commonly known as weed, ganja, charas,
or bhang in India, is a topic often surrounded by confusion and legal grey
areas. Many people wonder: Is marijuana legal in India? Can you use it for
medical purposes? What happens if you're caught with it?
Let’s break down the legal status, punishments,
exceptions, and current trends regarding marijuana in India in a
clear and practical manner.
Governing Law: The NDPS Act, 1985
The primary law that regulates marijuana in India is the Narcotic
Drugs and Psychotropic Substances Act, 1985 (NDPS Act).
Under the NDPS Act:
- The cultivation,
production, manufacture, possession, sale, purchase, transport, and
consumption of certain narcotic substances, including cannabis,
is illegal unless specifically allowed for medical or scientific
purposes under government license.
What is Cannabis under Indian Law?
According to Section 2(iii) of the NDPS Act,
"cannabis (hemp)" refers to:
- Charas
– The resin extracted from the cannabis plant, whether crude or purified
(includes hash and hash oil).
- Ganja
– The flowering or fruiting tops of the cannabis plant (excluding seeds
and leaves if not accompanied by the tops).
- Any
mixture of the above forms, or any drink prepared from them.
Important Exclusion:
The seeds and leaves of the cannabis plant are not considered illegal under the NDPS Act. This is why Bhang, made from the leaves of the plant, is legal in many Indian states.What is Prohibited?
Possessing or consuming charas, ganja, or any cannabis
mixture is illegal under the NDPS Act unless permitted for
medical or scientific purposes.
Offenses Include:
- Possessing
cannabis (ganja/charas)
- Smoking
marijuana
- Cultivating
cannabis without a government license
- Selling,
buying, or transporting cannabis
Punishment under the NDPS Act
The punishment depends on the quantity possessed:
Type of Quantity |
Quantity Details |
Punishment |
Small Quantity |
Example: Less than 1 kg of ganja or 100 gm of charas |
Up to 1 year imprisonment, or ₹10,000 fine,
or both |
More than Small but Less than Commercial |
Example: 1-20 kg of ganja |
Up to 10 years imprisonment and ₹1 lakh fine |
Commercial Quantity |
Example: Over 20 kg of ganja or 1 kg of charas |
10–20 years rigorous imprisonment and ₹1–2 lakh
fine |
(Note: Actual weight limits for "small" and
"commercial" quantities are notified under NDPS rules and may vary
based on form.)
What is Legal?
- Bhang
Consumption:
-
Bhang, made from leaves of the cannabis plant, is not banned
under the NDPS Act. Its legality depends on state laws.
For example, states like Uttar Pradesh, Rajasthan, and Madhya Pradesh legally sell bhang through government outlets.
- Medical
Use (Limited):
-
The NDPS Act allows the use of cannabis for medical and scientific
purposes, but this requires a license from the State Government or
the Excise Department.
Some Ayurvedic and alternative medicines may legally contain cannabis extracts in very small proportions.
What the Courts Have Said
Indian courts have often shown leniency for first-time or
small quantity offenders, especially when no intent to sell or
distribute is proven. Courts may:
- Grant
bail
- Refer
the accused to rehabilitation programs (Section 64A NDPS Act)
- Impose
fines or probation instead of jail
However, habitual offenders and those caught with commercial
quantities are treated very seriously.
Is Marijuana Being Decriminalized in India?
India has not legalized marijuana yet, but there’s a growing
global movement and some activity in India:
- In
2020, the Uttarakhand government permitted industrial hemp
cultivation (non-intoxicating varieties).
- The Ministry
of AYUSH is studying the potential of cannabis in Ayurvedic
medicine.
- Legalization
campaigns by groups like The Great Legalisation Movement India
are gaining traction.
But for now, recreational marijuana remains illegal.
What About Other Countries?
Many countries like Canada, Uruguay, Thailand, Germany,
and several U.S. states have legalized marijuana for medical and/or
recreational use. This growing international trend is influencing debate in
India but has not yet changed the law.
Practical Advice for Indian’s and Non Indian Nationals:
- Don’t
carry or consume marijuana in public places in India, especially
charas or ganja.
- Avoid
cultivating cannabis plants unless you're licensed for industrial or
research purposes.
- Bhang
may be legal in your state, but confirm local laws before consuming.
- If
arrested for possession, consult a criminal defense lawyer
immediately.
- For
first-time small quantity offenses, rehabilitation may be an option
instead of jail.
Summary:
Marijuana laws in India are still largely prohibitive
under the NDPS Act. While bhang offers a traditional and legal loophole
in some states, all other forms of cannabis remain illegal unless authorized
for medical or scientific use.
As public opinion and medical research evolve, the laws may
change—but for now, staying informed and cautious is key.