Legalisation of cannabis culture in India

Marijuana has always been a debatable topic after the

enforcement NARCOTIC DRUGS AND PSYCHOTROPIC
SUBSTANCES ACT, 1985. “One can’t spell healthcare
without THC”

Cannabis is one of the most widely grown plants in the world.

From the cannabis plant, marijuana is the most widely used
and readily available drug comprised of dried leaves and
flowers of the cannabis sativa plant or better known as the
hemp plant.

Cannabis is mostly used recreationally or as a medicinal

drug. It may also be used for religious or spiritual purpose. In
2013, between 128 and 232 million people used cannabis.
Cannabis law in India
India had no legislation regarding narcotics until
1985. Cannabis smoking in India has been known
since at least 2000 BC. The INDIAN HEMP DRUGS
COMMISSION, an Indo-British study of cannabis
usage in India appointed in 1893, found that the
"moderate" use of hemp drugs was "practically
attended by no evil results at all".

Why cannabis was forefended in INDIA?

Regarding excessive use of the drug, the

Commission concluded that it may certainly be accepted as
very injurious, though it must be admitted that in many
excessive consumers the injury is not clearly marked. The
report the Commission produced was at least 3,281 pages
 long, with testimony from almost 1,200 doctors, coolies,
yogis, fakirs, heads of lunatic asylums, bhang peasants, tax
gatherers, smugglers, army officers.

Cannabis a social practice

Cannabis was legally sold in India until 1985. Consumption

of cannabis was not seen as socially deviant behaviour, and
was viewed as being similar to the consumption of alcohol.
Ganja and charas were considered by upper class Indians as
the poor man's intoxicant although the rich consumed bhang
during holi.

Narcotic Drugs and Psychotropic Substances Act, 1985.

This is a special Act, while adopting the liberal construction of
the Act, it is found that the Act has been enacted with a view to
make stringent provisions for the control and regulation of
operations relating to the narcotic drugs and psychotropic
substances; Gulam Mohiuddin v. State of Jammu and Kashmir,
(1994) 1 Crimes 204 (J & K).

In this Act,-
1. "Addict" means a person who has dependence on any narcotic
drug or psychotropic SUBSTANCE

2. "Board" means the Central Board of Excise and Customs

constituted under the Central Boards
3. Of Revenue Act, 1963 (54 of 1963);

4. "Cannabis (hemp)" means-:

a) CHARAS that is, the separated resin, in whatever form,

whether crude or purified, obtained from the Cannabis plant
 and also includes concentrated preparation and resin known as
hashish oil or liquid hashish.

b) GANJA, that is, the flowering or fruiting tops of the cannabis

plant (excluding the seeds and leaves when not accompanied
by the tops), by whatever name they may be known or
designated

c) Any mixture, with or without any neutral material, of any of the

above forms of cannabis or any drink prepared therefrom;

d) "cannabis plant" means any plant of the genus cannabis;

MANUFACTURED DRUGS

a) "medicinal cannabis" that is, medicinal hemp, means any

extract or tincture of cannabis (hemp)

b) all coca derivatives, medicinal cannabis, opium derivatives and

poppy straw concentrate;

c) any other narcotic substance or preparation which the Central

Government may, having regard to the available information as
to its nature or to a decision, if any, under any International
Convention, by notification in the Official Gazette, declare to be
a manufactured drug; but does not include any narcotic
substance or preparation which the Central Government may,
having regard to the available information as to its nature or to
a decision, if any, under any International Convention, by
notification in the Official Gazette, declare not to be a
manufactured drug;

CENTRAL GOVERNMENT TO TAKE MEASURES FOR

PREVENTING AND COMBATING ABUSE OF AND ILLICIT
TRAFFIC IN NARCOTIC DRUGS.
1. Subject to the provisions of the Act, the Central
Government shall take all such measures as it deems
necessary or expedient for the purpose of preventing and
combating abuse of narcotic drugs and psychotropic
substances and the illicit traffic therein.

(2) In particular and without prejudice to the generality of the

provisions of sub-section (I), the measures which the Central
Government may take under the sub-section include measures
with respect to all or any of the following matters, namely:-

(a) Coordination of actions by various officers, State

Governments and other authorities
(I) Under this Act, or
(ii) Under any other law for the time being in force in connection
with the enforcement of the provisions of this Act.
(b) Obligations under the International Conventions.
(c) Assistance to the concerned authorities in foreign countries
and
Concerned international organisations with a view to facilitating
coordination and universal action
For prevention and suppression of illicit traffic in narcotic drugs
and psychotropic substances.
(d) Identification, treatment, education, after care, rehabilitation
and
Social re-integration of addicts.

PROHIBITION OF CERTAIN OPERATIONS.

No person shall
(a) Cultivate any coca plant or gather any portion of coca plant.
(b) Cultivate the opium poppy or any cannabis plant.

 Produce, manufacture, possess, sell, purchase, transport,

warehouse, use, consume, import interstate,
 Export inter-State, import into India, export from India or
tranship any narcotic drug or
 Psychotropic substance,
 Except for medical or scientific purposes and in the manner and
to the extent provided by the Provisions of this Act or the rules
or orders made thereunder and in a case where any such
Provision, imposes any requirement by way of licence, permit
or authorization also in accordance With the terms and
conditions of such licence, permit or authorization.
 Provided that, and subject to the other provisions of this Act
and the rules made thereunder, The prohibition against the
cultivation of the cannabis plant for the production of ganja or
the
 Production, possession, use, consumption, purchase, sale,
transport, warehousing, import interstate And export inter-State
of ganja for any purpose other than medical and scientific
purpose shall take effect only from the date which the Central
Government may, by notification in the
Official Gazette, specify in this behalf:

Punishment for consumption of any narcotic drug or

psychotropic substance.-

Whoever, consumes any narcotic drug or psychotropic

substance shall be punishable,-
(a) Where the narcotic drug or psychotropic substance
consumed is cocaine, morphine, and diacetylmorphine
Or any other narcotic drug or any psychotropic substance as
may be specified in this
Behalf by the Central Government by notification in the Official
Gazette, with rigorous Imprisonment for a term which may
extend to one year, or with fine which may extend to Twenty
thousand rupees; or with both.
NDPS Amendment 2014

In 2014 NDPS act was amended for the third time and new
provisions came into force on may1, 2014.

Creation of a new category of essential narcotic drugs, which

the central government can specify and regulate throughout the
country

Widening the objective of the law from containing illicit use to

also promoting the medical and scientific use of narcotic drugs
and psychotropic substances in keeping with the principle of
‘balance’ between control and availability of narcotic drugs that
underpins the international drug control treaties

Including the terms management of drug dependence and

recognition and approval of treatment centres, thus allowing for
the establishment of legally binding treatment standards and
evidence-based medical interventions

Making the death penalty discretionary for a subsequent

offence involving a certain quantity of drugs under section 31A.
The court will have the alternative to impose imprisonment for
30 years under section 31

Enhanced punishment for small quantity offences from a

maximum of six months to one year imprisonment

Allowing private sector involvement in the processing of opium

and concentrated poppy straw.

Raising the rank of officers authorized to conduct search and

arrest license holders for alleged NDPS violations.
More elaborate provisions for forfeiture of property of persons
arraigned on charges of drug trafficking.

Death Penalty
NDPS ACT also includes death penalty for certain repeat
crimes that contain production, manufacture, possession,
export or import of the same involving large quantity of drugs. .
In February 2008, two drug offenders were sentenced to death
by NDPS special courts in Mumbai and Ahmedabad
respectively. Both sentences were for CANNABIS (charas)

Internationally drug offences are not considered to be the most

serious crimes for which capital punishment may be invoked.

Petition filed for legalisation of cannabis under RIGHT TO

INFORMATION ACT

“Not even a single person had died even from consuming

marijuana”. It was the report of a public interest litigation
which objects the ban on cannabis in India. This move is not
backed by the scientific evidence.
A petition was filed by a 34 year old lawyer Aditya barthakur
that marijuana should be legalized in the country so as to
help the patients. He also stated that marijuana had several
benefits that helps cancer patients.
Quoting from the Atharva Veda “to the five kingdom of plants
which soma rules as lord we speak, Darbha, hemp, barley,
mighty power; may these deliver us from woe.
Lawyer said that the Veda include “BHANGO” which is nothing
but hemp or cannabis. It also mentioned about the divinity and
sanctity which shall without doubt free us from bondage or
danger.
Barthakur says that cannabis has been an integral part of the
“Hindu culture”. He also mentioned that bhang an extract of
cannabis plant is given as an offering to lord Shiva on
mahashivratri.
A report created by him throws a light on cannabis as it
explains religious, cultural, and medical benefits of cannabis.
Barthakur also said that why to illegal cannabis as earlier it was
integral part of daily life and culture oh inhabitants of our nation
those days

Why cannabis should be legalized?

 RECREATIONAL DRUG
The use of marijuana had been controversy for past few
decades. Cannabis in other countries is used for the medical
purposes and curing diseases like cancer, aids and some
eating disorders. Cannabis also deals with chronic and
neuropathic pain. Cannabis and its derivatives helps to cure
mood disorders muscle spams.
Medical marijuana is also well known for its recreational
benefits such as to ease nausea and reduce vomit. Medical
marijuana also helps in increasing appetite. It also protects liver
from binge alcohol induced setatosis. It also treats hives and
allergy induced rashes.
Medical marijuana also treats with digestive system. Not only
has this had it also helped in treating with female menstrual
cycles. Medical marijuana also increase sexual experiences
and sex drives. Cannabis oil also calms colicky babies. Not
only have this athletes also used cannabis which increases
their concentration throughout the mundane exercise regimes.
Moreover cannabis is also legalised in Olympics. It can also
reduce blood sugar levels in patients. Marijuana is also known
for its inflammatory process. And it also relieve one from itching
associated with mosquitoes and other bug bites.
There are also many number of positive patients report on
medical condition. Cannabis also shows multiple effects for
curing no. of diseases. So there is no point of banning such a
product that cures so many diseases in one go without any side
effects.
 ECONOMIC IMPACTS OF CANNABIS
Cannabis is the type of plant which has capability of producing
major amount of paper in respect to the any type of plant or
tree in the world. Paper production through hemp plant would
save a million of trees from chopping down. With this millions of
Acers of land could be saved that means wildlife which is on
the verge of extinction could be saved. Cannabis as compared
to the trees are less time consuming in harvesting period. Trees
take 20 to 30 years to grow, whereas hemp only takes 4
months to become a big plant.
Cannabis can also boost the economy. Government can ley
certain types of taxes on the marijuana industry with the help of
which government can earn revenue and boost the economy.
With the help of cannabis legalisation we can reduce the risk of
crime because when cannabis is traded illegally then certain
kinds of crime are induced to make cannabis available such as
smuggling, illegally importing and exporting. Smuggling across
the borders could be reduced on legalising the cannabis plant.
When marijuana is legalised it can be openly sold in the
dispensaries with this there is an assurance in the quality of the
stuff. The rates would be a little higher but the quality would be
better than the stuff was sold illegally.

Conclusion
Cannabis should be legalised because of its recreational
benefits and economic benefits. I think by boycotting or making
cannabis illegal we are not using our own resources with which
both citizens, government and environment could be helped.

BIBILOGRAPHY
 BIRCH, M. (2015, February ). DRUG POLICY IN INDIA. Retrieved November
5, 2016, from IDHDP.COM, http://idhdp.com/media/400258/idpc-briefing-
paper_drug-policy-in-india.pdf
 THE NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ACT, 1985.
(1985, September 16). Retrieved November 5, 2016, from NARCOTIS INDIA,
http://narcoticsindia.nic.in/upload/download/document_id08b2dbdc9ca941d237893bd425
af8bfa.pdf
 Khan, A. (2015, April 20). The Indian express. Retrieved November 5, 2016,
from INDIAN EXPRESS, http://indianexpress.com/article/cities/mumbai/marijuana-
central-to-our-culture-how-is-it-illegal-lawyer-asks-in-pil/

SUBMITTED BY-:
Sarthak Aggarwal
(BBA-MBA,2015 batch)
Jindal Global Business School
O.P. Jindal Global University (JGU)
Phone NO. (+91)8558855254
Email:-15jgbs-saggarwal@jgu.edu.in