In the publication, titled “Medical Marijuana: A Panacea or a Scourge,” the authors tackled an important and much-discussed topic. [1] The authors stated that “in India, under the Narcotic Drugs and Psychotropic Substances Act, 1985, cannabis and its various forms – hashish, ganja, charas, bhang – are prohibited and their possession is considered illegal.” The authors are correct in pointing out that cannabis, as well as other narcotic drugs and psychotropic substances, falls within the scope of the Narcotic Drugs and Psychotropic Substances Act 1985 (NDPS Act). Interestingly, however, bhang is the only cannabis preparation that is not covered by this law and is therefore outside the scope of this law. Weed, marijuana, bhang, charas, ganja and so on, cannabis has received many names and forms in India over thousands of years. Cannabis is part of India, especially in the Hindu religion, which is used in the form of charas (resin), bhang (seed) and ganja (cannabis flower). Section 20 of the NDPS Act deals with punishment for the manufacture, possession, sale, purchase, transportation, import and export between states, or use of the manufactured drug or a preparation containing a manufactured drug. Given our long-standing ties to cannabis, I wonder why this herb has sparked so much debate and outrage lately. Canada, Mexico, South Africa, Uruguay, Georgia, the Australian Capital Region and 18 states in the United States have legalized recreational use of the plant. This may have been motivated by a 2015 study by Lachenmeier and Rehm, which found that alcohol and nicotine are much riskier than cannabis on a “margin of exposure basis.” Since bhang is made from the seeds and leaves of the cannabis plant, it is not prohibited by the NDPS Act of 1985.

However, some states regulate and prohibit the sale and consumption of bhang. Bhang can also be used in the form of medications if the patient has a prescription from an Ayurvedic practitioner. [25] The exclusion of bhang from the scope of the NDPS Act of 1985 remains a topic of discussion among medical and legal experts. Bhang remains one of the least studied cannabis preparations. Most Western literature has focused on smoked forms of cannabis (ganja and charas). An earlier report on Pakistan`s Bhang described psychosis with symptoms of grandiosity, excitement, hostility, disorientation, hallucinations, and impaired thinking in 15 patients who had taken Bhang. Interestingly, the authors described Bhang as “a strong drink made from an infusion of cannabis leaves and flowering tops.” [6] Technically and legally, bhang should not include any part of the plant other than the leaves. The addition of flower tips or resin produced from cannabis plants cannot be applied in accordance with the National Directive on Narcotic Drugs and Psychotropic Substances.

[5] Another study reported bhang-induced immunotoxicity, which may be due to a decrease in fatty acid amide hydrolase protein (FAAH). [7] Unlike most legal Bhang shops in India, which can be seen on the country`s dreary national roads, the Jai Shree Mahakal store – with an 80-year tradition – is located in the heart of Indore`s Sarafa Bazaar. This bazaar is a lively jewelry market by day and the gastronomic capital of the city by night. This is a summary of the Indian government`s official reasons why weed should not be legalized. In states where the sale of bhang is legal, bhang golis or golas are sold openly at low prices in places like Paan stores with little or no regulation. [24] The Indian government may choose to legalize weed. Legalizing weed would be more beneficial than harmful to India. The Single Convention on Narcotic Drugs of 1961 was the first international treaty to include cannabis (or marijuana) with other drugs and imposed a general prohibition on their manufacture and supply, except for medical and research purposes. [26] However, the definition of “cannabis” in the Single Agreement does not include the leaves of the cannabis plant, thus preserving the legality of the Bhang culture in India.

[27] If India were to establish a legal market, it would increase product safety and quality assurance. As a result, the likelihood of becoming a victim when buying weed, the risk of being penalized, the cost of research (especially for first-time buyers), and the psychological discomfort associated with buying an illegal product are reduced. From the consumer`s perspective, this means lower quality-adjusted relative prices. In addition, after the legalization of the market, retail prices would decrease on average due to reduced supply-side risk. Since cannabis is a commonly used product, the lower price is expected to lead to an increase in consumption. This article was written by Anvita Bhardwaj, a student who follows B.A. LL.B. from Symbiosis Law School, NOIDA. In this article, the author discussed the legality of weed while examining various other aspects, such as the effects of consumption, punishment, the status of legality in other countries, and legalization in India. In addition to the NDPS Act, states have the authority to draft their own cannabis laws. Section 10 of the NDPS Act allows states to authorize and regulate the cultivation of cannabis plants, the production, manufacture, possession, transportation, interstate importation, export, sale, purchase, consumption, or use of cannabis (other than charas) between states. For example, Uttarakhand was the first Indian state to allow commercial hemp cultivation in 2018.

Another state law is the Assam Ganja and Bhang Prohibition Act, which prohibits the purchase, consumption and possession of ganja as well as bhang. Ganapathy is among the voices highlighting the opportunities lost because of criminalized cannabis. Indian parliamentarians such as Tathagata Satpathy and Maneka Gandhi have often raised this issue, and a private member`s bill by former MP Dharamvir Gandhi to legalize marijuana was also introduced in Parliament in 2017. Congressman Shashi Tharoor has also spoken out in favor of legalizing marijuana. Since then, there has been a pros and cons to the argument for legalizing this drug. The law could make no real difference, although it transferred a legal source of state revenue to international drug cartels. In India, the cannabis plant has a long and complicated legal and social history. The Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS) describes what is legal and what is not legal in relation to cannabis in India. Legend has it that the shade of a large cannabis plant once brought Lord Shiva relief from the scorching sun. Curiously, he chewed some of its leaves and felt so strengthened that he accepted its use – hence the use of cannabis in the worship of Shiva. The plant and its forms are known by various names around the world – marijuana, Mary Jane, weed, pot, hemp and weed.