You may look at how Bhang is legalized in many states of India, and that might make you think that this would be the case with Marijuana as well. But you are totally wrong in thinking that because as of now, marijuana is illegal in India. So no matter if you are the one who’s consuming, cultivating, or distributing this substance, you’ll get into serious legal trouble if you are caught red-handed. Be aware and clear of that.
So, What Does The Law In India Really Say About Marijuana?
In the context of the Indian legal position, the primary statute or law governing marijuana is the Narcotic Drugs and Psychotropic Substances (NDPS) Act of 1985. And just so you know, the provisions of this Act almost universally ban marijuana cultivation, sale, or use and impose severe legal punishments. The NDPS Act, therefore, specifically prohibits the cultivation, sale, and possession of certain noticeable cannabis derivatives such as charas (the resin) and ganja (the flowering tops).
However, a few exceptions exist, the most notable of which is bhang, which is a psychoactive substance made from the leaves and seeds of cannabis plants. But, the critical point is that bhang, although generally accepted as legal, is not necessarily the same in all states, with authorities limited to the legislation of their regions and the practice of culture. So, that’s pretty much the whole situation regarding these substances in India and in different states of the country.
What Is Specifically The Current Legal Status of Marijuana In India?
Just to be clear from the very start, you see, one thing that you should understand is that in today’s law marijuana drug is still illegal in India for general use. The NDPS Act authorities have also stated exact penalties for people involved in the cultivation, distribution, or usage of it. Yet, there are some exceptions to this rule such as the medical or scientific field under regulatory conditions, which gives a hint that the marijuana drug can be used for some therapeutic purposes or for some experiments, but in no case be it recreational consumption, you know?
Though, interestingly states like Uttarakhand and Madhya Pradesh have started allowing the extraction of hemp for industrial purposes. So, that’s that for now.
Practical Implications for Citizens
In India, being caught with marijuana can land you in some serious trouble, there are no two ways about it. The extent of the punishment is directly proportional to the amount of marijuana found with you. Like, a relatively small amount may mean a prison sentence of up to six months or a fine of Rs. 10,000, or both. As the amount increases, the penalties become even harsher, for instance, up to ten years in prison, heavy fines, etc. Additionally, you must appreciate that rules surrounding marijuana are not uniform across the country but have a certain degree of variation, you know? For instance, Odisha may be miles ahead in traditional usage, while a strict enforcer like Maharashtra regulates even the regulated product bhang, requiring a specific license for a sale.
