Cannabis, usually known as marijuana, is a psychoactive substance derived from the

cannabis plant. The cannabis plant, which is native to Central or South Asia, has been
used for thousands of years in traditional remedies as well as as a narcotic for
entheogenic and recreational purposes. The primary psychoactive component of
cannabis is tetrahydrocannabinol (THC), one of the 483 recognized chemicals in the
plant, but it also contains at least 65 additional cannabinoids including cannabidiol
(CBD). Cannabis can be used orally, vapourizingly, ingested, or utilized as an extract.
Cannabis has been used for industrial, recreational, and medical purposes for a long
time. It has been utilized for its medicinal benefits in various civilizations, such as pain,
motion sickness, and anxiety alleviation. It has also been used recreationally for its
euphoric, sedative, and space-time-perception-altering effects on the mind.

In recent years, there has been an expanding global push to legalize and control
cannabis for both medical and recreational use. Legalization, according to advocates,
may increase tax revenue, lighten the load on the criminal justice system, and permit
safer access to cannabis products. However, discussions about cannabis use's possible
health dangers, addiction, and societal consequences continue to influence public policy
and perception.

Policies for After Independence

Following its independence in 1947, India implemented powerful cannabis restrictions

influenced by international drug treaties. Cannabis was designated as a narcotic under
the Narcotic Drugs and Psychotropic Substances Act in 1985, with harsh punishments.

Current Debates

Cannabis legalization has been a topic of increasing discussion in recent decades.

Traditional and medical usage should be recognized, say, advocates, while opponents
raise issues with public safety and law enforcement. In India, where historical, cultural,
and spiritual linkages continue to influence conversations and choices, understanding
this historical backdrop is crucial to understanding the country's growing cannabis
policy environment.

Cannabis in Ancient India

Cannabis has deep historical roots in India, tracing back thousands of years. Known as
"bhang," it featured prominently in ancient sacred texts, revered for its medicinal and
spiritual properties. Hinduism's Lord Shiva, associated with cannabis, used it to attain
meditative states.

Colonial Influence and Regulation

During British colonial rule, regulations were imposed on cannabis, despite findings
from the 1894-1895 Indian Hemp Drugs Commission that it posed minimal risks. The
Indian Hemp Drugs Act of 1896 restricted its use, setting a precedent for future
control.

The Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985 is the primary
legislation that deals with drug abuse and drug trafficking in India. The NDPS Act, 1985
was amended in 2021 to strengthen its provisions and make it more effective in tackling
drug abuse.

Before, the following NDPS Act three pieces of law addressed the issue of illicit substances
in the nation:

1) The 1857 Opium Act

2) The 1878 Opium Act

3) The 1930 Dangerous Drugs Act

In order to combat the rising use of psychotropic medicines and their importation into the
country, the government at the time saw a great need to introduce laws to update and
consolidate the law. The NDPS Act was consequently passed. Afterwards, it underwent
many previous modifications in 1989, 2001 and in 2014. It was also amended by the
Finance Act of 2016.
Even after the numerous modifications it was felt that the NDPS Act, 1985 had a few flaws
that made it less effective at combating drug usage in the nation. For instance, the Act did
not include provisions for the rehabilitation of drug addicts, and the penalties for
possessing tiny amounts of drugs were harsh, resulting in the incarceration of a significant
number of persons for relatively minor drug offences. In addition, drug misuse and
trafficking continued to be serious issues in the nation, with India serving as a key transit
country for illegal drug trade. The law enforcement organisations responsible with
upholding the NDPS Act, 1985, were also thought to be under-resourced and ill-equipped,
which further limited their ability to combat drug misuse.

The NDPS (Amendment) Bill 2021

The NDPS act had an anomaly as a result of the 2014 amendment. As essential drugs were
defined in Section 2(viii a) of the amendment, clarification was sought for Section 9 of the
same act, which permits the manufacturing, possession, transportation, importation and
exportation of necessary narcotic medicines as well as their sale, purchase, consumption,
and use.

What was overlooked, however, was the fact that Section 2(viii a) already existed prior to
the 2014 change and comprised a list of infractions for which Section 27A's punishment
was prescribed.

According to Section 27A:-

Anyone who engages in the financing, in any way, of any of the activities listed in
subclauses “(i) to (v) of clause (viiia) of section 2 or harbours any person engaged in any of
the aforementioned activities” shall be subject to strict imprisonment for a term that shall
not be less than ten years but which may extend to twenty years, as well as civil liability for
a fine that shall not be less than one lakh rupees but which may extend to two lakh rupees:

Nevertheless, the court may impose a fine that surpasses Rs. 2 lakh for reasons that will be
stated in the judgement.

However there was a drafting error in the 2014 amendment of the act where the clause
number for the definition of such illicit activities was amended and the section (27A)
referring to the punishment for funding these illegal actions was left unaltered and
remained making reference to the definition's prior clause number.
Hence the amendment was made in 2021 to address the anomalies bought down by the
2014 amendment.
Cannabis has several advantages.

1. **Pain Management**: Cannabis can relieve chronic pain, making it a beneficial choice
for people suffering from illnesses such as arthritis or neuropathy.

2. **Anxiety and tension Relief**: Certain cannabis strains may ease stress and anxiety,
providing a healthy substitute for prescription drugs.

3. **Epilepsy Control**: CBD, a cannabis compound, has shown possibilities of lowering

seizures in people with epilepsy.

4. **Nausea and Vomiting**: Cannabis can help with nausea and vomiting, especially in
cancer patients undergoing chemotherapy.

5. **Appetite Stimulation**: It can increase appetite, helping those with illnesses that cause
appetite loss or wasting disorders.

6. **Sleep Aid**: Cannabis may assist in enhancing sleep quality and reducing insomnia.

7. **Neuroprotective Properties**: According to research, cannabinoids may guard against

neurodegenerative disorders in the brain.
8. **Anti-Inflammatory**: Cannabis has anti-inflammatory qualities that may help treat
diseases including inflammatory bowel disease and arthritis.

9. **Glaucoma Management**: It can help glaucoma patients lower intraocular pressure,

which may help delay vision loss.

10. **Mood Regulation**: Some users claim that using cannabis in moderation improves
their mood and creativity.

he following are some drawbacks of cannabis use in India:

1. Legal Repercussions: According to the NDPS Act, marijuana possession or usage can

result in fines and/or jail time.

2. Impaired Cognitive Function: Cannabis usage may disrupt memory, attention, and

learning skills, impairing cognitive functioning.

3. Mental Health Risks: Long-term usage can raise the risk of mental health conditions

such as anxiety, depression, and psychosis, particularly in those who are already

predisposed to them.

4. Dependency: Consistent cannabis usage can cause dependency, which can cause

withdrawal symptoms when stopped.

5. Negative Impact on Education and Employment: Cannabis usage may impair academic

performance because of cognitive impairments and drug testing policies.

6. Impaired Driving: Cannabis affects motor skills and judgment, adding to road accidents

and safety problems.

7. Gateway Drug: Some say that cannabis usage might lead to experimenting with stronger

substances.

8. Health Risks: Smoking marijuana can damage your lungs, and cannabis sold on the

street may include impurities that may put your health at risk.

Cannabis legalisation in India is a contentious issue with compelling reasons on both sides.
The possible economic gains, decreased criminalization, improvements in public health and
safety, medicinal advantages, and harm reduction through regulation are all highlighted by
proponents of legalisation. Opponents, on the other hand, voice worries about potential
negative effects on cultural and societal values, health risks, the gateway drug hypothesis,
road safety, and difficulties in enacting effective regulation.

It is important to give these arguments significant thought, as well as a deeper

comprehension of the particular context and recent developments surrounding cannabis
Please be aware that owing to changing laws and government regulations, cannabis use
may become legal at some point in the future. In order to obtain the most recent
information about cannabis legislation in India, it is imperative to contact the relevant state
governments and legal agencies. Laws governing cannabis can also change depending on
whether it is grown for industrial (low THC concentration) or recreational (high THC
content) uses.

legalisation in India. Ultimately, a fair assessment of the advantages and disadvantages

should guide your position.

1. Uttarakhand: -Industrial hemp (cannabis with a low THC level) growing was made legal
there in 2015. - They are controlled by the Narcotic Drugs and Psychotropic Substances Act
(NDPS). 2. Jammu and Kashmir: -Regulated under the NDPS Act; permitted the growing
of industrial hemp for research and industrial applications under certain licences. 3.
Madhya Pradesh: - Is governed by the NDPS Act and permits the growing of industrial
hemp with a licence. 4. Uttar Pradesh: - The NDPS Act regulates the controlled growing of
industrial hemp with government approval. 5. Himachal Pradesh : -Cannabis cultivation
has always been a problem, particularly in places like Kullu, Mandi, Chamba, and Shimla.
Despite ideas about legalising cannabis production, it is still prohibited 6. Gujarat: -Under
the NDPS Act, industrial hemp growing is permitted under restricted conditions with a
licence. 7. Odisha: -Tight enforcement of marijuana prohibition is in place. 8. Rajasthan:
-Tight enforcement of marijuana prohibition is in place. 9. Maharashtra: -Tight
enforcement of marijuana prohibition is in place. 10. West Bengal: -Tight enforcement of
marijuana prohibition is in place. 11. Cannabis is prohibited in Andhra Pradesh and
Telangana, and severe enforcement is in place. 12. Kerala: -Tight enforcement of
marijuana prohibition is in place.