No, weed is not legal in India, just to be clear from the start. But we understand that the entire discussion about cannabis plants and the substances made from this plant is kinda confusing when it comes to their legalization in India. Well, that’s precisely what we will be talking about, so let’s get to it.
What Are The Specific Rules Or Laws In Place Regarding Cannabis in India?
You see, right now in India, the key legislation governing cannabis is the Narcotic Drugs and Psychotropic Substances (NDPS) Act of 1985 under which cannabis appears in three forms, charas, extracted resin from the plant; ganja, on the flowering or fruiting tops, also, any combination of both. With the exception of hemp, the NDPS Act is the law of the land on it, thus during major Hindu festivals such as Holi and Shivratri bhang which is extracted from hemp seeds and leaves could be legally consumed.
Different states have additional regulations that change the legal picture, you know? Such as, in Odisha smoking weed in the art of traditional chillums is not illegal and is frequently practiced while in Uttarakhand the production of hemp is done legally in a great way that has opened new doors of opportunity for farmers, particularly in inhospitable mountain areas.
What the NDPS Act Specifies About Possession and Use
The NDPS Act considers the possession and use of weed or marijuana as a pretty serious crime right here in India. The penalties are determined by the amount possessed: Like, a small quantity can lead to a maximum of six months in jail or a fine of ₹10,000, while the possession of an almost commercial quantity can lead one to a maximum prison term of 10 years and a fine of a maximum of ₹1 lakh. Though, in the case of commercial amounts, the punishments rise to 10 to 20 years of jail time and fines of up to ₹2 lakhs.
Some states such as Maharashtra and Assam have their own super strict laws concerning such drug-related activities as the Bombay Prohibition Act, 1949 of Maharashtra, and the local acts of Assam respectively, and utilize these laws to control the usage and distribution of the drugs like bhang and ganja.
Though, juvenile offenders younger than 18 years will get the benefit of the Juvenile Justice (Care and Protection) Act, 2000, which, instead of punishment, focuses on rehabilitation. And that is kinda a loophole in all this business because a lot of dealers tend to hire minors who are in need of money because they know that these kids won’t be facing any fines or jail time.
