By Snehil Sharma
Cannabis, which has many other forms such as Ganja, Charas or Bhang is a type of physio-pharmaceutical drug. It is basically used for medicinal purposes and is also consumed for recreation. Its consists of psychoactive component known as THC (Tetrahydrocannabinol). The dried flowers, or buds of the plant has the highest THC concentration. Out of all the forms, only bhang is allowed to be sold and consumed through the shops authorized by government.
When smoke of cannabis is inhaled, rapid flow of THC takes place in the bloodstream of individual through lungs and is circulated throughout the body parts including brain. This THC impacts the brain receptors which eventually causes euphoria, dizziness etc. Hence the person who consumes the same experiences enhances sensory awareness & comfortable mentally.
The cannabis, due to its multitude of advantages has always been consumed since time immemorial. The ancient manuscripts such as Vedas and the Ayurvedic Samhitas have numerous mentions of cannabis consumption. Various research has proven the presence of Cannabinoids chemicals which plays a vital role in to curb with problems of chronic diseases, illness and mental disorders[1].
Why Cannabis has a Customary Importance?
If we consider the customary importance of cannabis in India, we can easily find numerous connections of the same with Lord Shiva. Indian festival such has Maha Shivratri has always witnessed consumption of cannabis because it has always been perceived that elixir of life can be purified with cannabis consumption and is also mentioned within the Hindu scriptures.[2]
Since, not every form of cannabis can be legally consumed it has always been a subject of controversy that whether cannabis should be legalized in again like it used to be in earlier times. Various initiatives were taken to highlights its benefits scientific and economical benefit but still no changes took place in the existing legislation for the same.
Why was marijuana banned in India?
In the earlier times, it was legal to consume cannabis in India, but India was pressurized by the United States since year 1961 to introduce a ban upon cannabis production. As a consequence, to such pressure, India finally introduced a Narcotics Drugs and Psychotropic Substances Act which eventually prohibited producing and selling of cannabis flowers and resin. However, the permission regarding usage of leaves and seeds was granted and the states was allowed to regulate the same accordingly.[3]
Legal Frame work and Cases
The Narcotic Drugs and Psychotropic Substances Act of 1985 provides the definition of cannabis (hemp) as the following and prohibits the same:
- Charas: It is a raisin separated in either crude or purified form and obtained through the plant of cannabis. Its oil is known as hashish oil.
- Ganja: The fruiting or flowering tops after seeds and leaves are excluded from the cannabis plant.
- Any other sort of mixture, inclusive of any form of cannabis mentioned above or any drink prepared individually from such forms or by adding neutralizing material to the same.
Case Law: It is pertinent to note that Narcotic Drugs and Psychotropic Substances Act does not provide any specific definition of “Bhang” which is also a form of cannabis and hence, it is legal to sell and consume bhang in India and is highly consumed in religious cities of northern India. The bhang is sold in government authorized shops and governments keeps a check over sale of bhang as it be used with malicious intention to prepare a new substance which can eventually be potent intoxicant.[4]
There have been various instances when Indian Courts have decided upon the case concerning the cannabis. In Arjun Singh v State of Haryana case, it was held by the High Court of Chandigarh that as far as Narcotic Drugs and Psychotropic Substances Act is concerned, bhang cannot be considered as the cannabis (hemp). However, court also added that it is a product of cannabis plant. It clarified the perception that consuming cannabis leaves is not illegal however, production of cannabis plat is illegal.[5]
Benefits of Legalizing Cannabis
There legalization of Cannabis can eventually provide numerous positive outcomes such as:
- Curbing Illegal Trade: As a result of statutory prohibitions, trade of cannabis is taking place illegally within the country. If the cannabis is legalized, it will be formally and openly produced and will eventually prevent any sort of illegal trade killing the black market of the same.
- Psychoactive Medicines: Cannabis has various components which are proved to be effective in curbing mental problems. It can be utilized for making anti-depressants which will be cheaper if cannabis is legalized and easily available in the market.
- Cancer Treatment: Medical science and cannabis share a relationship with each other since ages. In many countries it is prescribed for those patients who are undergoing chemotherapy for cancer treatment. Studies have proved that cannabis is capable of preventing metastasis in the cases of aggressive cancer.[6]
- Agriculture: Since, the cannabis has numerous ways of usage, its demand will be higher and farmers will be having an alternative to produce and gain higher profits. Legalizing marijuana will open the additional option for such farmers who is farming in such location which is favorable to cannabis.
- Revenue & Taxes: Enhanced production will eventually provide newer revenue opportunities for government other than liquor and tobacco. Such, revenue generated can be further utilized for welfare of general public. Such revenue can only be generated if the marijuana is legalized.
- Global Investment: India is one of the most favorable location for production of cannabis. If the cannabis is legalized, it will lead to higher production of the same and India and export the same to other pharmaceutical manufacturers situated outside India.
Backfires of Legalizing Cannabis
Cannabis has undoubtedly proved to have many advantages however, there are many disadvantages of its legalization as well such as:
- Addiction & Dependency: Even if various claims have been made stating cannabis as harmless, various medical evidences have also proved that regular consumption of cannabis will eventually develop a drug habit and once that habit is developed, it is not easy to deal with it. Those individuals who have tried to give up such habit have seen various symptoms such as depression, anxiety, fits of rage, headaches and emotional outbursts.
- Carcinogens: The cannabis inhabits an active ingredient known as carcinogens which has a severe impact on the respiratory system. If any individual inhales the smoke of cannabis, he will be exposed to high volume of carcinogens which can be further lead to conditions which can even be life-threatening.
- Mental Problems: The consumption of cannabis can also have severe negative impacts on the brain of individuals and they might feel dizziness, headaches which can be severe if not taken care of. This eventually affects other functions performed by that individuals. Legalizing cannabis will ease its availability and increase the number of cases.
- Accidents: People prefer driving after consuming the cannabis and such consumptions starts having impact of brain which eventually trigger severe accidents. The number of accidents might increase once cannabis is legalized.
Conclusion
The perception of India regarding cannabis has never been poor as compared to global scenario due to customary importance and religious beliefs and government can consider its legalization based upon its benefits. However, at the same time, the government should also prescribe various guidelines regarding minimum age, amount of consumption, regulating authority etc. so that its misuse can be prevented. Once, this balanced approach is applied by the government, such legalization might be fruitful and worthy for the country.
[1] Legalserviceindia.com. 2020. Should Marijuana Be Legalized in India? [online] Available at: <http://www.legalserviceindia.com/legal/article-2611-should-marijuana-be-legalized-in-india-.html>.
[2] Druglibrary.net. 2020. Indian Hemp Drugs Commission Report – Social and Religious Customs. [online] Available at: <http://www.druglibrary.net/schaffer/Library/studies/inhemp/4chapt9.htm>.
[3] Nalini Chandrakar, 2020. Should Marijuana Be Legalized in India – Ipleaders. [online] iPleaders. Available at: <https://blog.ipleaders.in/marijuana-legalized-india/#_ftnref4>.
[4] Id.
[5] Civil writ petition no. 844 of 2014
[6] Carly Schwartz, 2020. Huffpost Is Now a Part of Verizon Media. [online] Huffingtonpost.com. Available at: <http://www.huffingtonpost.com/entry/marijuana-hiv_n_4767901.html?section=india>.