Why is Bhang Legal in India but Weed and Hash Aren’t?
India, a land of rich traditions and diverse cultures, presents a fascinating paradox when it comes to cannabis. While bhang, a preparation made from cannabis leaves, enjoys legal status and cultural acceptance, other derivatives like weed and hash remain illegal. This dichotomy is rooted in historical, religious, and legal nuances that reflect the complex relationship between Indian society and cannabis.
Historical and Cultural Context
Cannabis has been a part of Indian culture for thousands of years. Ancient texts like the Atharvaveda mention cannabis as "bhang," associating it with healing properties and spiritual enlightenment. The use of bhang is especially prominent during festivals like Holi and Shivratri. According to mythology, Shiva discovered the rejuvenating properties of cannabis leaves, leading to their association with his divine persona.
The Religious and Social Acceptance of Bhang
Bhang’s legal status is deeply rooted in its religious and cultural acceptance. The consumption of bhang during Hindu festivals and its association with religious practices make it more socially acceptable than other forms of cannabis. The Karnataka High Court, in several rulings, has upheld that bhang does not fall under the purview of the NDPS Act, reinforcing its legal status. In contrast, the use of weed and hash, which are derived from the more potent parts of the cannabis plant, is viewed through the lens of criminality and social stigma.
Cannabis has been intertwined with Indian culture and spirituality for millennia. Ancient texts, religious scriptures, and traditional practices highlight its significance, particularly the preparation known as bhang, made from the leaves of the cannabis plant. Here’s an in-depth exploration of the cultural and historical context of bhang in India:
Ancient Texts and Religious Significance
Cannabis, referred to as "bhang" in ancient Indian texts, is mentioned in the Atharvaveda, one of the four Vedas, which are the oldest and most revered Hindu scriptures. In the Atharvaveda, bhang is praised for its medicinal properties and its role in rituals and spiritual practices. It is described as one of the five sacred plants that relieve anxiety, a clear indication of its esteemed status in ancient Indian society.
The connection between bhang and spirituality is most evident during Hindu festivals like Holi and Shivratri. Holi, the festival of colors, sees the widespread consumption of bhang in the form of thandai, a milk-based drink mixed with almonds, spices, and cannabis paste. This tradition is not merely recreational but is deeply rooted in the cultural and religious fabric of India. Similarly, during Shivratri, a festival dedicated to Lord Shiva, bhang is consumed as a form of prasad (holy offering), underscoring its sacred status.
Mythological Associations
The association of bhang with Lord Shiva is a significant aspect of its cultural importance. According to Hindu mythology, Lord Shiva, known as the god of destruction and transformation, discovered the revitalizing properties of cannabis leaves. The legend goes that Shiva, after an argument with his wife Parvati, wandered into the forests and fell asleep under a cannabis plant. Upon waking, he consumed some of the leaves and felt rejuvenated and invigorated. This mythological tale has been passed down through generations, solidifying the sacred status of bhang and its association with divine energy and spiritual awakening.
In another myth, during the churning of the ocean (Samudra Manthan) by the gods and demons to obtain amrita (the nectar of immortality), cannabis emerged from the ocean as one of the treasures. This tale is symbolic of the divine origin of cannabis and its perceived beneficial properties.
Traditional and Modern Usage
The use of bhang in traditional Indian culture extends beyond religious festivals. It is integrated into various social and medicinal practices. Bhang is consumed in different forms, such as:
- Thandai and Lassi: These are popular beverages, especially during the festival of Holi. Thandai is a milk-based drink flavored with nuts and spices, often infused with bhang. Lassi, another milk-based drink, can also be prepared with bhang, providing a refreshing and mildly intoxicating experience.
- Sweets and Savory Snacks: Bhang is used in making sweets like bhang goli (cannabis balls) and bhang barfi. It is also incorporated into savory snacks like bhang pakoras (fritters).
- Medicinal Preparations: In traditional Ayurvedic medicine, bhang is used for its therapeutic properties. It is believed to aid digestion, relieve pain, reduce anxiety, and treat various ailments.
The Economic Potential of Cannabis
Despite the legal restrictions, cannabis remains widely consumed in India. By the government’s own estimates, around 31 million people reported using cannabis in some form in 2018. This widespread use points to a substantial underground market. Studies suggest that legalizing and taxing cannabis could generate significant revenue. For instance, Delhi alone could raise approximately Rs 725 crore annually through cannabis taxation.
The potential economic benefits extend beyond taxation. Cannabis is a hardy plant with diverse applications, including timber, textiles, and medicine. Currently, only a few companies like Boheco (Bombay Hemp Company) and Hemp & Co are exploring the commercial potential of hemp, a non-psychoactive variant of cannabis. However, these ventures require special licenses, limiting the growth of this sector.
Legal Framework and the NDPS Act
The legal status of cannabis in India is governed by the Narcotic Drugs and Psychotropic Substances (NDPS) Act of 1985. This act criminalized the use of the fruit and flower of the cannabis plant but notably excluded the leaves and seeds. The exemption of leaves and seeds is why bhang, derived from these parts, remains legal. The NDPS Act aimed to align India with international drug control treaties, particularly the 1961 Single Convention on Narcotic Drugs, which categorized cannabis alongside harder drugs. Despite India’s initial resistance to this classification, geopolitical pressures during the Cold War era led to the enactment of stringent laws against cannabis.
The Influence of the United States
The criminalization of cannabis in India was significantly influenced by the United States, which spearheaded global anti-cannabis campaigns in the mid-20th century. During the 1961 Convention on Narcotic Drugs, the US pushed for the classification of cannabis as a dangerous substance. India, needing the US as an ally and seeking access to American technology, eventually succumbed to this pressure, leading to the enactment of the NDPS Act in 1985. This move marked a significant shift from India’s traditional and relatively tolerant stance towards cannabis.
The Case for Legalization
Advocates for the legalization of cannabis in India argue that the current laws are outdated and counterproductive. The US, which once led the charge against cannabis, has now legalized it in several states, recognizing its medical benefits and economic potential. Indian lawmakers like Tathagata Satpathy, Maneka Gandhi, and Shashi Tharoor have voiced support for decriminalizing cannabis. Former MP Dharamvir Gandhi even introduced a private member bill in parliament to legalize marijuana.
The Medicinal and Recreational Aspects of Bhang
Bhang, although less potent than other cannabis derivatives, still offers numerous medicinal benefits. In Ayurveda, bhang is classified as a sub-toxic herb with properties that can treat digestive issues, muscular pains, skin infections, and insomnia, among other ailments. The Unani and Homeopathy systems of medicine also recognize the therapeutic potential of cannabis. Modern research in Allopathy has shown that THC, the active compound in cannabis, is effective in treating symptoms like nausea and vomiting in chemotherapy patients and shows promise in treating epilepsy, glaucoma, and chronic pain.
Recreationally, bhang is considered safer than alcohol and tobacco when consumed in moderation. It is commonly used during festivals to enhance social bonding and spiritual experiences. However, like any substance, it can have adverse effects if consumed irresponsibly, including confusion, anxiety, and in rare cases, hallucinations.
Conclusion
The legal status of bhang versus weed and hash in India reflects a complex interplay of historical, cultural, and geopolitical factors. While bhang enjoys legal and cultural acceptance due to its religious significance and perceived lower potency, other forms of cannabis remain illegal under stringent drug laws influenced by international pressures. As global perspectives on cannabis shift and evidence of its medicinal and economic benefits grows, there is a strong case for re-evaluating India’s cannabis laws. Embracing a more nuanced approach could unlock substantial economic opportunities and align the legal framework with India’s rich cultural heritage and modern scientific understanding.
