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Laws In India surrounding the consumptions and possession of Marijuana

 

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:

  1. Charas – The resin extracted from the cannabis plant, whether crude or purified (includes hash and hash oil).
  2. Ganja – The flowering or fruiting tops of the cannabis plant (excluding seeds and leaves if not accompanied by the tops).
  3. 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?

  1. Bhang Consumption:

  1. 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.

  1. Medical Use (Limited):

  1. 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:

  1. Don’t carry or consume marijuana in public places in India, especially charas or ganja.
  2. Avoid cultivating cannabis plants unless you're licensed for industrial or research purposes.
  3. Bhang may be legal in your state, but confirm local laws before consuming.
  4. If arrested for possession, consult a criminal defense lawyer immediately.
  5. 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