India has a long-drawn history with the herbs that gets swept under the rug quite often. It has been known to be used in India in various forms from as early as 2000 BCE. People in the subcontinental region have consumed the herbs in the form of bhang (the seeds and leaves of the plant), with drinks like bhang lassi and bhang thandai being common legal uses.
Bhaang
According to a UN report in 2000, the “prevalence of usage” of cannabis in India was 3.2%. A 2019 AIIMS study reported that about 7.2 million Indians had consumed cannabis within that year. It’s important to note that most of this usage is illegal. But let’s break down some landmarks in the legality over the years.
1838, 1871, and 1877
In this era of British India, there were attempts made to criminalize the flower with discussions in high places.
The Single Convention on Narcotic Drugs, 1961
This was an international treaty which classified the herbs as a narcotic drug. Interestingly, it was during these negotiations that the Indian delegation opposed its intolerance to the social and religious customs of India. As a compromise to these proceedings, the Indian government promised to limit exports of Indian hemp.
The treaty defined cannab*s as the flower of the plant. However, bhang, which is prepared from the leaves, was left out of the treaty’s definition. This led to the tradition of large scale consumption of bhang during Holi.
Narcotic Drugs and Psychotropic Substances Act, 1985
The NDPS followed suit, maintaining the same definition of cannab*s, excluding bhang from the definition but including charas (resin), ganja (flower) and any mixture prepared from these two or drinks made from it.
Thus, the production and sale of the resin and flowers was banned while the NDPS Act permitted the use of the leaves and seeds, asking the states to regulate on this.
The act, however, doesn’t mention anything about smoking paraphernalia, making it completely legal to buy or sell smoking accessories like rolling papers, smoking pipes, and more.
Cultivation of cannab*s for industrial purposes such as making industrial hemp is legal in India. The Indian Government also encourages the research and cultivation of cannab*s with low THC content, since it is recognized as a source of biomass, fiber and high-value oil.
But hold that thought before you start researching yourself! According to Section 20 of the NDPS Act, holding a small quantity of herbs can land you in jail for rigorous imprisonment of up to six months or a fine of ₹10,000 or both.
REGIONAL LAWS
Even though the 1961 treaty and the NDPS Act of 1985 don’t include bhang, various states have their own laws banning or restricting their use. Some states have laws regulated through authorized dealers, while others have maximum limits of bhang one person can carry.
In Assam, the Assam Ganja and Bhang Prohibition Act, 1958 prohibits sale, purchase, possession and consumption of ganja and bhang. Maharashtra’s Bombay Prohibition (BP) Act, 1958 bans the manufacture, possession and consumption of bhang and bhang-containing substances without license.
Gujarat legalized bhang by removing it from the list covered by section 23 of Gujarat Prohibition Act in 2017. The Minister of State for Home and Prohibition, Pradipsinh Jadeja had this to say:
“Bhang is consumed only as prasad of Lord Shiva. The state government has received complaints of misuse of prohibition act against those found drinking bhang. Hence, keeping in view the sentiments of public at large, the government has decided to exempt bhang from the ambit of Gujarat Prohibition Amendment Act. Bhang is less intoxicating as compared to ganja.”
BUT THE TIDES ARE CHANGING…
HempCann Solutions fought for a license to start India’s first medical cannabis clinic in Koramangala, Bengaluru called Vedi Wellness Centre in 2020. They sell a variety of legal canna-based oils and tablets.
The Great Legalisation Movement India started in 2014 with a mission to legalise the use of cannabis for medical and industrial purposes. It was founded by Viki Vaurora, who went on to pen an open letter to the Prime Minister and MPs to push for legalization for medical and industrial use, in 2017. The GLM India has launched several campaigns across cities like Bengaluru, Mumbai, Delhi, and Pune.
In 2021, Himachal Pradesh and Tripura state governments advocated for legalisation as well. The Himachal Pradesh CM said that the state government is coming up with a policy to allow controlled cultivation in the state to boost the economy. The Tripura state government also had similar goals, stating that the soil is highly fertile for cannabis cultivation. They formed an expert panel to look into this.
CONCLUSION
It’s important to note that possession of cannabis resin (hashish/charas) or buds (ganja) is a criminal offense.The cultivation of cannabis plants is illegal without a license and its sale, transport, and distribution of cannabis is prohibited.
Penalties vary:
Small quantity (up to 1 kg of ganja): Up to 1 year in jail or fine up to ₹10,000 or both.
More than small but less than commercial quantity: Up to 10 years imprisonment and a fine up to ₹1 lakh.
Commercial quantity (20 kg+ for ganja): 10 to 20 years imprisonment and fine between ₹1–2 lakh.
There’s been a shift in opinions on legality with public personas, government officials, local citizens and even media like Bollywood movies and songs shifting from a cynical perspective to one that embraces the herbs more. Hopefully this ushers an era of acceptance and a second “green” revolution.
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