Cannabis is a plant containing delta-9 tetrahydrocannabinol (THC), the compound responsible for its psychoactive effects, which induce the "high" experienced upon consumption. Not all components of cannabis are psychoactive. The plant's flowers and dried leaves, commonly referred to as marijuana, can be smoked (in pipes or hand-rolled papers) or consumed in edible forms (such as cookies and brownies).

The resin produced by the plant, known as hashish, can also be smoked or ingested. The plant's fiber, known as industrial hemp, is utilized in textile manufacturing. Compounds structurally similar to THC are categorized as cannabinoids.

Cannabis is primarily classified into two distinct categories: indica and sativa. Cannabis indica is known for its full-body effects, providing deep relaxation and aiding in the alleviation of insomnia. Conversely, Cannabis sativa is recognized for its psychoactive effects, which can reduce anxiety and stress while offering energizing properties. Cannabis has been utilized in India since around 2000 BCE.

It is referenced in several historic texts, including the Dhanvantari Nighantu, Sarngandhara Samhita, and Kayyadeva Nighantu. The Atharva Veda names cannabis as one of the five most sacred plants on Earth, stating that a guardian angel resides in its leaves and referring to it as a "source of happiness," a "joy-giver," and a "liberator."

In Hindu mythology, the god Shiva is strongly associated with cannabis. One legend states that Shiva chose cannabis as his favorite food after sleeping under its leaves one night and feeling refreshed after consuming it in the morning. Another legend describes the emergence of the poison Halahala during the Samudra Manthan, which Shiva drank to protect the world, and bhang was later used to cool him down. The Shiva Purana recommends offering bhang to Shiva, particularly during the summer months.

Before 1985, the buying, selling, and cultivation of cannabis were legal in India. However, under international pressure, particularly from the United States, the government led by Prime Minister Rajiv Gandhi enacted the Narcotic Drugs and Psychotropic Substances Act (NDPS Act) in 1985. This law prohibited the production, sale, and use of cannabis products such as charas, hashish, and ganja, as well as any mixtures containing these substances.

The NDPS Act also granted state governments the authority to regulate the cultivation of cannabis plants, along with the production, manufacture, possession, transportation, import, and export of cannabis and its derivatives within state borders. Only state governments and their authorized personnel are permitted to cultivate cannabis under this legislation.

This legislative change excluded bhang from the official definition of banned substances. As a result, bhang consumption is still permitted during Indian festivals, despite the overall ban on cannabis. Although the NDPS Act allows the use of bhang, various states have implemented their own laws to either restrict or prohibit its consumption.

In some states, only authorized dealers are allowed to sell bhang. Additionally, there are state-specific regulations regarding the maximum amount of bhang one person can possess and the minimum age required to purchase it.

The Developmental Trajectory Of The Narcotic Drugs And Psychotropic Substances (NDPS) Act

The Narcotic Drugs and Psychotropic Substances Act of 1985 (NDPS Act) emerged as a response to India's international obligations under UN Conventions. Drafted by the Ministry of Finance, Government of India, the NDPS Bill was introduced in Parliament to address primarily economic offenses such as illicit drug trafficking and unauthorized sales. In the parliamentary debates of 1985, there was a prevailing consensus to combat drug-related issues through stricter penalties for both traffickers and users.

As the key legislative framework concerning drug trafficking, the NDPS Act aims to prohibit possession and use of narcotics and psychotropic substances without regard to intent. Notably, Section 27 of the Act specifies reduced penalties for individuals caught with small quantities of such substances for personal use, placing the burden of proof on the accused to demonstrate their purpose.

The 1989 Amendment Act, driven by a misguided effort to tackle drug-related issues, intensified sentencing measures and even introduced mandatory death penalty under Section 31A. Recognizing a departure from the humane treatment of drug users outlined in the original 1985 statute, some lawmakers empathized with the plight of addicts facing dual punishmentsone from drug use and another from the law.

The parliamentary discourse leading to the 2001 Amendment Act witnessed a pragmatic shift, acknowledging the detrimental impact of harsh penalties. The amended law aimed to rationalize sentencing, ensuring that while significant drug traffickers face deterrent penalties, lesser offenders receive proportionate punishments.

Graded penalties based on drug quantity were introduced. The 2014 Amendment Act aimed to address the drastic decline in the supply of essential drugs like morphine due to restrictive licensing under the NDPS Act. Introducing a new category of 'essential narcotic drugs' for medical and scientific purposes, the amendment encouraged harm reduction services while simultaneously increasing penalties for minor offenses through amendments to Section 71.

Penalties For The Possession Of Cannabis

As per the NDPS Act, the possession of illicit substances such as cannabis is deemed a punishable offense, with penalties contingent upon the quantity involved in trafficking. However, individuals voluntarily seeking rehabilitation may be spared from prosecution. Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 stipulates the repercussions for offenses encompassing drug consumption, cultivation, purchase, interstate transportation, as well as import and export activities, excluding those for medicinal or scientific purposes.

The prescribed penalties are as follows:

• For possession of a small quantity: Up to six months of rigorous confinement, a fine of up to Rs. 10,000 or both.
• For possession of a quantity larger than small but less than commercial: Up to ten years of rigorous confinement, along with a fine of up to Rs. 100,000.
• For possession of a commercial quantity: Rigorous confinement for a minimum of ten years, extendable up to twenty years, coupled with a fine ranging between Rs. 100,000 and Rs. 200,000.

Juveniles under 18 years are protected under the Juvenile Justice Act and are exempt from prosecution under the NDPS Act.

Bhang: The Legal Gray Area and Cultural Significance

Bhang occupies a legal gray area, as it falls outside the defined scope of cannabis (hemp) as outlined in Section 2(3) of the NDPS Act, 1985. While the Act prohibits certain parts and derivatives of the cannabis plant, such as hash resin and buds, it allows for the utilization of its leaves, crucial in the production of bhang. India's rich social and cultural heritage with cannabis prompted its delegation to oppose the plant's criminalization under the Single Convention on Narcotic Drugs, 1961.

This opposition led to an amendment in the definition of cannabis, excluding "flowering or fruiting tops (excluding seeds and leaves when not accompanied by tops)," thereby enabling the continued consumption of bhang on a large scale. This exemption persisted for 25 years until India adopted the same definition of cannabis in the NDPS Act.

States hold the authority to enact laws pertaining to cannabis and may authorize the use of seeds and leaves, commonly employed in bhang production. For example, states like Uttar Pradesh and Rajasthan have government-licensed outlets selling bhang, with bhang-infused Thandai being a popular beverage in Uttar Pradesh, especially during festivities like Holi and Mahashivratri.

Bhang consumption holds cultural significance among Sikh Nihangs and Sufis in India. Despite being legal under the NDPS Act, the legality of bhang varies across states depending on their respective laws. In 2018, Uttarakhand allowed for the commercial cultivation of hemp under state legislation, with the cannabis sativa plant cultivated for industrial and commercial purposes.

Advantages of Legalizing Cannabis: A Compassionate Approach to Drug Utilization in India

Medical and Therapeutic Potential of Cannabis
The medicinal utility of cannabis has been substantiated by numerous studies, demonstrating its efficacy in inhibiting cancer metastasis, alleviating glaucoma symptoms, reducing anxiety, and enhancing metabolic functions. Additionally, it is renowned for fostering neurogenesis in the brain. Despite its potential therapeutic benefits, cannabis remains illegal for use in India, and its medicinal application is prohibited in various jurisdictions globally.

However, given the myriad medicinal advantages associated with medical cannabis, there is a compelling case for India to consider legalizing its use for therapeutic purposes. Such a move could provide much-needed relief to patients seeking alternative therapies, thereby addressing unmet medical needs in the healthcare landscape.

Economic Benefits Of Legalizing And Regulating Cannabis: A Potential Revenue Generation Model
Legalizing cannabis in a country like India could lead to significant revenue generation for the government through taxation on its sale and marketing. Despite its illegal status, cannabis consumption, particularly among young people for recreational purposes, remains prevalent, with a thriving black market dominated by criminal syndicates.

Legalization would enable the government to regulate the industry, imposing taxes on sales and creating job opportunities in cannabis-producing sectors. This could contribute to reducing unemployment rates and boosting the economy. Additionally, the revenue generated from cannabis taxation could be allocated to fund education initiatives for children from financially disadvantaged backgrounds.

Impact On Illicit Drug Trade And Law Enforcement
Legalizing recreational cannabis in India could generate substantial revenue through taxation, ensure accountability in its use, reduce law enforcement burdens related to illegal consumption, and support individual autonomy. It could also diminish black-market sales and associated crime

rates. Given the cultural acceptance of cannabis during certain festivals and its use as a herbal remedy, resistance to its legalization may be minimal. However, effective legalization would necessitate increased resources for controlling illegal cultivation, production, sale, quality, and marketing.

Despite potential benefits, there are concerns. Legalization might reduce the perceived harm of cannabis, leading to increased use and exacerbating mental health issues, particularly among vulnerable populations. Additionally, the long-term effects on adolescents are not well understood.

With the treatment gap for mental disorders in India ranging from 70% to 85%, increased cannabis use could further strain an already overburdened healthcare system. Moreover, chronic use of cannabis is associated with amotivational syndrome, potentially impacting the nation's GDP. Thus, while legalization has potential advantages, it also presents significant challenges that must be carefully managed.

Decriminalization Or Legalization Of Cannabis: Potential Path Forward For India's Drug Policy

The frequency of NDPS Act cases has been steadily rising, though there was a slight decrease in 2020 due to the diversion of attention to COVID-19 policies in Punjab, a state consistently reporting high NDPS Act cases. Notably, a significant proportion of these cases involve possession for personal use rather than trafficking, undermining the Act's aim of eradicating illegal drug markets.

A rigid law lacking clear distinctions between users, peddlers, traffickers, and addicts risks further marginalizing the very individuals it intends to safeguard. India should emulate Portugal's approach to decriminalizing drug use, complemented by robust healthcare systems and community-based outreach initiatives to address addiction and minimize harm.

However, mere decriminalization is inadequate; it must be accompanied by a comprehensive public health campaign to combat addiction-related stigma. Portugal's success in tackling drug addiction highlights the importance of social and economic welfare policies and a pre-existing emphasis on strengthening healthcare.

Nevertheless, decriminalization efforts, such as those in Oregon, face challenges due to inadequate healthcare infrastructure. Critiques of Portugal's model include retaining administrative penalties and lack of regulation on illicit drugs to effectively combat overdoses. Setting appropriate quantity thresholds for decriminalization in India is crucial to prevent unintended consequences such as increased incarceration rates.

Moreover, raising awareness and sensitizing law enforcement agencies are essential to prevent the harassment of medical practitioners providing treatment for drug dependency. India must prioritize treating illicit drug use as a medical concern rather than a criminal one, reallocating resources toward building a robust public healthcare system. By drawing insights from existing decriminalization models, particularly Sikkim's, India can transit from punitive approaches to evidence-based drug use policies.

In countries such as the USA and Canada, the legal age for cannabis procurement is 21 and 18 years, respectively. Additionally, regulations on driving under the influence of cannabis are enforced across all states in the USA. In India, the current legal framework prohibits the recreational use of cannabis, except for bhang.

Prior to considering the legalization of cannabis for recreational purposes, policymakers, health planners, and other stakeholders must engage in thorough deliberations to draft a clear and coherent policy suitable for India's context. This requires a significant shift in the approach of public health systems towards cannabis use.

The existing criminal justice and healthcare systems are already strained and struggling to handle medicinal cannabis use, often being the first to encounter cannabis-related issues. Therefore, before any legalization efforts, stringent laws and regulations need to be established. These may include enforcing a strict legal age for cannabis procurement, regulating the THC content in recreational cannabis, and overseeing cannabis cultivation.

Conclusion:
Research shows that drugs such as morphine, cocaine, LSD, and alcohol are more harmful than marijuana, which typically promotes relaxation rather than aggression. The Indian government is considering re-legalizing cannabis due to its potential medicinal, commercial, and industrial benefits.

Legalization could significantly increase government revenue through taxation, boost GDP growth, and provide a reliable income for local farmers in regions like Himachal Pradesh and Tamil Nadu. Cannabis is proven to be less harmful than alcohol, with users showing calmer and friendlier behavior compared to the aggression often associated with alcohol consumption.

However, the government should establish regulations, such as restricting recreational use to individuals over 25 and setting possession limits to prevent misuse. Currently, the black market and drug mafias profit from cannabis sales. Legalization would shift these profits to the government, aiding national development and reducing unemployment. Given these advantages, India could follow the example of several U.S. states by legalizing cannabis.