In India people often talk about marijuana, commonly known as cannabis or weed, a lot because due to its medical uses, cultural heritage and actual fact that marijuana is getting legal in many countries, but maximum of people still don’t know what the law defines about it. You have to go through the law to find out if marijuana is legal in India or not, what govt. told about it and how the legal enforcement team works against it, everything is there in law.
What Does Indian Law Say About Marijuana?
Cannabis is a broad term which includes marijuana in India. Cannabis can come in various forms just like charas (the resin), ganja (the flowering tops) and bhang (the leaves). The law is not handling all of these forms in the same way, due to this reason most of the people get confused.
The NDPS Act and What It Covers:
The NDPS Act (Narcotic Drugs and Psychotropic Substances) of 1985 is the main legislation that mainly controls the marijuana in India. This law makes it illegal to cultivate, Trade, Transport, Smuggle or use ganja and charas. Such Drugs are classified as narcotics and breaking the law might lead to harsh punishment such as jail time and large fines.
The Narcotic Drugs and Psychotropic Substances Act, on the other hand, does not include cannabis leaves and it’s seeds in its description of unlawful cannabis. Bhang, which is made from the cannabis leaves, is however legal in many states because of this legal gap, especially when it is supplied by government authorized Vendors.
Using Bhang Legal in India?
Yes Bhang is legal in several parts of India. People usually consume it during various festivals like Holi and Mahashivratri. State governments set rules on how it can be sold and in several places bhang is sold at stores that have a govt. license. Restrictions on Bhang are different in each state and trading it or using it in a way that is against the law can still get you in trouble with the law.
Using Marijuana for medical and Industrial Purposes:
India has been carefully showing interested towards using of cannabis for medical and industrial applications in the past few years. The NDPS Act allows people to grow cannabis in a controlled way for scientific use, Medical Research and industrial applications including making hemp seeds and fiber. Few Indian businesses and research institutions are making medicines from cannabis but they still need permission from the government and have to follow strict rules.
Even if marijuana is becoming legal in more places throughout the world, it is still illegal to use it for enjoyment in the USA.
Punishments for Marijuana Offenses:
The NDPS Act imposes various punishments based on the amount involved. If you have a little quantity of marijuana then you will get a short term of imprisonment. If you have a lot, you might get a long prison sentence. In India, even having marijuana for personal use can get you in trouble with the law, so using it for fun is a big legal risk.
Legal Reality vs. Cultural Reality:
Though Marijuana is illegal in India it has a long cultural history, which being connected to our culture and religion. This has caused an empty space between what the law says about it and what people are doing. The law is still clear and strict, especially for ganja and charas even though enforcement may be different.
Conclusion:
It is against the Indian law to use marijuana for enjoyment or for fun. The NDPS Act declares it illegal to use ganja and charas whereas bhang is only partially legal because it isn’t included in the law’s definition of cannabis. Only with strict government oversight is medical and industrial uses are allowed. People in India who deal with marijuana should know that just because it’s accepted in their culture it doesn’t mean that, it’s legal and violating the law can have serious consequences.