Is weed or Marijuana is legal in India?

Cannabis smoking in India has been known since at the least 2000 BC and is first noted withinside the Atharvaveda, which dates lower back some hundred years BC. Cannabis and its derivatives (weed, marijuana, bhang, charas, ganja, and numerous different names are used to explain product of cannabis plant) have been legally offered in India till 1985, and their leisure use turned into commonplace. They have been particularly fed on Hindu festivals like Holi, Shivratri, on Sikh festivals like Hola Mohalla. The most common drink turned into “Thandai”- A milkshake laced with cannabis seeds. Consumption of cannabis turned into socially deviant behaviour and was considered as being just like the intake of alcohol.

Definition

cannabis (hemp) means:

  • charas, that is, the separated resin, in whatever form, whether crude or purified, obtained from the cannabis plant and also includes concentrated preparation and resin known as hashish oil or liquid hashish;
  • ganja, that is, the flowering or fruiting tops of the cannabis plant (excluding the seeds and leaves when not accompanied by the tops), by whatever name they may be known or designated; and
  • any mixture, with or without any neutral material, of any of the above forms of cannabis or any drink prepared therefrom

Why is marijuana illegal in India? Can it be legalized?

Indians have a completely robust mythical and medicinal relationship with Marijuana. It’s been right here for hundreds of years as a part of our festivities and culture. But regarding “immoderate” use of the drug, the Indian Hemp Drugs Commission concluded that it “may also sincerely be accepted as very injurious, even though it ought to be admitted that during many immoderate consumers the damage isn’t in reality marked”. On the alternative hand, The United States commenced to marketing campaign for an international regulation in opposition to all drugs, following the adoption of the Single Convention on Narcotic Drugs in 1961. Therefore, in 1986, the Government of India under strain from the medicinal foyer of the US, gave in to create stringent narcotic legal guidelines that made the sale, production, and transportation unlawful withinside the country

Laws about Weed or Marijuana?

In India are the Narcotic Drugs and Psychotropic Substances Act, 1985 deals with cannabis or narcotic drugs. However, each state has their personal laws regarding the consumption, ownership, sale, or buy of weed or marijuana. In general, in India, ownership of those drugs is taken into consideration as a criminal act and might get you in critical felony trouble.

  • The Assam Ganja and Bhang Prohibition Act, 1958 bans the sale, possession, purchase, and intake of ganja and bhang.
  • The Bombay Prohibition (BP) Act, 1949 prohibits the manufacture, possession, and consumption of bhang and bhang-containing substances without a license in Maharashtra.
  • Odisha is a nation in which consumption of weed and those normally use ‘chillums’ to smoke weed in the country’s territory are criminal offenses.
  • Uttarakhand is the primary state of India to permit industrial cultivation of Hemp. Since it’s a wealthy crop that calls for much less quantity of water, many different hilly states are thinking about the suggestion to permit managed manufacturing of Hemp, and marijuana.

What takes place in case you get caught with weed or marijuana in India?

Consumption of prohibited drugs in India is an offense under the NDPS Act. The cause of possession of medicine isn’t applicable and the punishment relies upon the quantity of drugs in ownership. If someone is stuck with drugs or determined to be a drug addict, he/she might now no longer be an issue to prosecution if he/she voluntarily chooses to go through de-addiction treatment.

If a juvenile or a child below the age of 18 years is found with prohibited drugs in India, he or she shall be prosecuted under:

  • The Narcotic Drugs and Psychotropic Substances Act (NDPS), 1985
  • The Juvenile Justice (Care and Protection) Act, 2000
  • State drug laws

Punishment for carrying drugs (Weed or Marijuana) in India

According to section 20 of Narcotic Drugs and Psychotropic Substances Act, 1985, production, sale/purchase, transportation, interstate import/export or another other business interest of cannabis is punishable.

  1. Imprisonment for up to 6 months, or fine of Rs. 10,000 or both can be imposed if found with small quantity of narcotic drugs.
  2. Imprisonment for up to 10 years, or fine of Rs. 1 lakh, or both for holding more than a small quantity but less than the commercial quantity
  3. Rigorous imprisonment for up to 10-20 years, or fine of Rs. 1-2 lakh, or both for holding commercial quantity, but slightly less than commercial quality
  4. you are liable under section 25 of the NDPS Act and will be awarded the same punishment mentioned under section 20, if your place is used for such offenses.

There had been for or towards the argument for legalizing this drug ever since. The regulation has been not able to make an actual difference, albeit shifted a criminal supply of country profits to global drug cartels. As in keeping with the estimate round 60,000 kgs of hash and 40,000 kgs of opium is produced in Himachal Pradesh. Out of that, the best 500 kgs are seized annually. By making it legal, the government can upload to country profits, it could additionally assist the nearby financial system of hilly states with confined water, and the big call for this drug may be legally fulfilled lowering the unlawful crimes related to this industry.

Aishwarya Says:

I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.

If you are interested in participating in the same, do let me know.

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The copyright of this Article belongs exclusively to Ms. Aishwarya Sandeep. Reproduction of the same, without permission will amount to Copyright Infringement. Appropriate Legal Action under the Indian Laws will be taken.

If you would also like to contribute to my website, then do share your articles or poems at adv.aishwaryasandeep@gmail.com

We also have a Facebook Group Restarter Moms for Mothers or Women who would like to rejoin their careers post a career break or women who are enterpreneurs.

We are also running a series Inspirational Women from January 2021 to March 31,2021, featuring around 1000 stories about Indian Women, who changed the world. #choosetochallenge

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