There is a lot of discussion on whether smoking marijuana or weed should be legal in India or not. Here is all you need to know about the marijuana laws under NDPS Act in India.
Many petitioners have entered pleas in courts throughout India, urging the government to legalize the use of recreational marijuana or weed in the country. There has been a lot of discussion on whether the usage of marijuana should be permitted in certain cases.
Many countries such as the United States and Canada have legalized smoking weed and cultivating marijuana for recreational purposes, identifying several medicinal qualities in the substance, including pain management for cancer patients and dealing with anxiety.
Due to the addiction component attached to weed, not to mention the black marketing and illegal sale of marijuana in certain parts of India, the government has still not made it legal to possess or smoke weed in India, under the NDPS Act.
Is smoking or growing weed legal in India? Here is all you need to know about what is permissible for marijuana cultivation in the country.
Marijuana laws under the NDPS Act in India
Firstly, the possession and consumption of marijuana are considered illegal in India under the Narcotic Drugs and Psychotropic Substances (NDPS) Act of the Parliament of India. The purpose of possession is considered irrelevant, and punishment is awarded on the basis of the number of drugs in possession.
While NDPS Act falls under the central law, several state governments have their own laws when it comes to smoking and possession of marijuana, which is known in several forms across India, be it ganja, bhang or thandai.
For example, cities like Varanasi, Jaipur, and the state of Odisha permit the buying and possession of marijuana provided it is brought from a licensed shop or vendor. Further, Uttarakhand became the first state in the country to allow the legal cultivation of marijuana under certain strict laws.
According to the NDPS Act, the sale and production of cannabis resin and flowers are prohibited across the country, while the states hold the power to regulate and impose laws on the sale of cannabis leaves and seeds. It must be noted that most states have banned the sale and consumption of the plant, while some cities have laws for the regulated consumption of bhang.
While the NDPS Act gives punishment to those found in possession or consuming marijuana, if the person who possesses ganja is a drug addict, they will not be prosecuted if they are willing to undergo de-addiction treatment.
READ | Passenger posts video of woman smoking ‘marijuana and cigarettes’ on Tatanagar to Katihar express train
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