Marijuana is also called weed, herb, pot, grass, bud, ganja, Mary Jane, and a
vast number of other slang terms—is a greenish-gray mixture of the dried flowers
of Cannabis sativa. Some people smoke marijuana in hand-rolled cigarettes called
joints; in pipes, water pipes (sometimes called bongs), or in blunts (marijuana
rolled in cigar wraps).1
Marijuana can also be used to brew tea and, particularly when it is sold or
consumed for medicinal purposes, is frequently mixed into foods (edibles) such
as brownies, cookies, or candies. Vaporizers are also increasingly used to
consume marijuana. Stronger forms of marijuana include sinsemilla (from
specially tended female plants) and concentrated resins containing high doses of
marijuana's active ingredients, including honeylike hash oil, waxy budder, and
hard amberlike shatter. These resins are increasingly popular among those who
use them both recreationally and medically.
The main psychoactive(mind-altering) chemical in marijuana, responsible for most
of the intoxicating effects that people seek, is delta-9-tetrahydrocannabinol
(THC). The chemical is found in resin produced by the leaves and buds primarily
of the female cannabis plant. The plant also contains more than 500 other
chemicals, including more than 100 compounds that are chemically related to THC,
called cannabinoids.
Marijuana and The NDPS Act
There are three legislations that determine punishment if you are caught
carrying weed in India. These are:
- The NDPS Act, 1985
- The Juvenile Justice (Care and Protection) Act, 2000
- State laws
The NDPS Act is the main legislation that deals with drugs and their
trafficking. Various provisions of the Act punish production, manufacture,
sale, possession, consumption, purchase, transport, and use of banned drugs,
except for medical and scientific purposes.
Section 2 of The NDPS Act defines cannabis (hemp) as a narcotic drug based on
the parts of the plant that come under its purview. The Act lists these parts as
d efines cannabis (hemp) as a narcotic drug based on the parts of the plant that
come under its purview. The Act lists these parts as:
- Charas:
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:
The flowering or fruiting tops of the cannabis plant (excluding the seeds
and leaves when not accompanied by the tops), by whatever name they be known
or designated.
- Any mixture, with or without any neutral material, of any of the above forms of cannabis or any drink prepared therefrom.
The Act, in its definition, excludes seeds and leaves "when not accompanied by
the tops". Bhang, which is made with the leaves of the plant, is not mentioned
in the NDPS Act.
However, Bhang does not fall within the definition of cannabis (hemp) as defined
under Section 2 (iii) of NDPS Act, 1985. This issue has been discussed at length
in various judgments of various courts.[2,3,4] Hence, the provisions for various
narcotic and psychotropic substances under the NDPS Act, 1985, are not
applicable to the cannabis in bhang form. The National Policy on Narcotics and
Psychotropic Substances acknowledges this fact and goes on to mention that the
'production and sale of Bhang is permitted by many State Governments'.
The production, sale, purchase, transportation, interstate import/export, or any
other commercial activity of cannabis is illegal under Section 20 of the
Narcotic Drugs and Psychotropic Substances Act of 1985. The intention of drug
possession is irrelevant, and the punishment is determined by the quantity of
drugs in possession. Therefore, out of the two ingredients of crime i.e., actus
reus and mens rea, only actus reus is enough to prosecute a person under this
Act.
If a person is arrested with drugs or is found to be a drug addict, he or
she will not be prosecuted if he or she agrees to go through de-addiction
treatment voluntarily. If you permit your property to be used for cultivation,
you will be liable under Section 25 of the NDPS Act and will face the same
penalties as stated under Section 20 of the NDPS Act, 1985.
While, Section 27 lays down the punishment in cases of consumption of any of the
narcotic drugs or psychotropic substances.
On the other hand, Section 28 states the punishment for an attempt to commit an
offence mentioned under the NDPS Act. It is thereby stated that whoever attempts
to commit any offence punishable under this Chapter or to cause such offence to
be committed and in such an attempt does any act towards the commission of the
offence shall be punishable with the punishment provided for the offence.
Legalisation of Marijuana
The use of cannabis for recreational purposes is prohibited in most countries;
however, many have adopted a policy of decriminalization to make simple
possession a non-criminal offense (often similar to a minor traffic violation).
Others have much more severe penalties such as some Asian and Middle Eastern
countries where possession of even small amounts is punished by imprisonment for
several years.
Countries that have legalized recreational use of cannabis are
Canada, Georgia, Malta, Mexico, South Africa, Thailand, and Uruguay, plus 19
states, 2 territories, and the District of Columbia in the United States and the
Australian Capital Territory in Australia. Commercial sale of recreational
cannabis is legalized nationwide in three countries (Canada, Thailand, and
Uruguay) and in all subnational U.S. jurisdictions that have legalized
possession except Washington, D.C. A policy of limited enforcement has also been
adopted in many countries, in particular the Netherlands where the sale of
cannabis is tolerated at licensed coffeeshops.
However, There is no complete ban on cannabis under NDPS Act and it can be used
for medical, scientific, industrial, horticultural purposes by taking requisite
permissions from respective state governments.
Odisha is one such State in India where marijuana is legal, and residents
typically use 'chillums' to enjoy it within the State's borders.
Uttarakhand is the first Indian State to legalise commercial hemp farming. Many
other hilly states are considering allowing regulated production of hemp and
marijuana because it is a rich crop that requires less water.
In Assam, the sale, possession, purchase, and consumption of ganja and bhang are
all prohibited under the Assam Ganja and Bhang Prohibition Act, 1958.
In Maharashtra, the Bombay Prohibition Act of 1949 makes it illegal to
manufacture, possess, or consume bhang and bhang-containing substances without a
licence.
Conclusion
The government in India can choose to legalise weed. Legalising weed would be
more beneficial than harmful for India.
If India establishes a legal market, it would provide greater safety and product
quality assurance. As a result, the chance of being victimised while buying
weed, the risk of being sanctioned, search costs (particularly for first-time
purchasers), and the psychological discomfort associated with purchasing an
illegal good is all reduced. From the consumer's perspective, this translates to
lower quality-adjusted relative prices. Furthermore, once the market is
legalised, retail prices would fall on average due to reducing supply-side risk.
Given that cannabis is a commonly consumed item, lowering its price should
result in more consumption.
Secondly, legalisation of weed would bring in a lot more tax revenue. It is a
rich crop, i.e., high in monetary value. Moreover, there would be generation of
employment once the government regulates it. It would lead to job creation. So,
one good reason for legalisation is the potential economic benefits of
marijuana's regulated commercial availability. Increased tax income, employment
creation, and investment opportunities are all compelling reasons to support
legalisation.
Thirdly, we will be able to tap into the medicinal and therapeutic benefits of
weed. Government can allow research and clinical trials.
Fourthly, the environmental benefits of decriminalisation of weed in India
cannot be ignored. Not only can we use the plant for medicinal purposes, but we
can also use it to replace over 50,000 products currently in use in society that
cause an entire chain of environmental harm from extraction to processing to
manufacturing to transportation to consumption to disposal and recycling into
eco-friendly, biodegradable, renewable alternatives.
Please Drop Your Comments