Legal Standing and history of weed in India

Weed legality discussed by Abdul Ahad

Legal Standing and history of weed in India

A Hazy History: The Tangled Tale of Cannabis in India

From Sacred Herb to Criminalized Plant

Step into any bustling market during the festival of Holi, and you’ll find vendors openly selling bhang—a potent, traditional cannabis edible. Travel to Varanasi, and you'll see sadhus (holy men) freely consuming charas as a sacrament to connect with Lord Shiva. Yet, in that same country, possession of a cannabis joint could land you in serious legal trouble.

How can a plant be both a divine offering and an illegal narcotic?

India's relationship with cannabis is a paradox, woven deep into its cultural, religious, and legal fabric. To understand its current standing, we must journey back thousands of years and trace its path from sacred herb to a substance at the center of a fierce modern debate.

[Image: A vibrant image of a Sadhu with traditional markings, perhaps preparing bhang or chillum]

Part 1: The Ancient Roots - A Gift from the Gods

Long before it was a subject of law, cannabis was a cornerstone of ancient Indian life. Its history isn't just about recreation; it's about spirituality and medicine.

Vedic Scriptures and Lord Shiva

The earliest mentions of cannabis date back to the Vedas, some of the oldest religious texts in the world. The Atharva Veda (c. 1500 BCE) refers to cannabis as one of the five most sacred plants on Earth, calling it a "source of happiness," a "joy-giver," and a "liberator."

Hindu mythology inextricably links the plant to Lord Shiva, one of the principal deities. Legend says that after consuming a poison that threatened to destroy the universe, Shiva was offered bhang (a drink made from cannabis leaves) to soothe his pain. He was so impressed by its properties that he adopted it as his favorite herb, and ascetics have used it in their worship ever since.

Bhang, Ganja, and Charas: Knowing the Difference

It's crucial to understand that ancient India recognized different parts of the plant, which is key to its legal status today:

  • Bhang: Made from the mature leaves and seeds of the cannabis plant. It's the most culturally accepted form, traditionally used in drinks like bhang lassi and bhang thandai, especially during festivals like Holi and Maha Shivaratri.

  • Ganja: The potent flowering tops (buds) of the female plant, which are typically smoked.

  • Charas: The resin extracted from the living plant, creating a highly concentrated form of cannabis (hashish).

This distinction is everything. For centuries, bhang was a household name, while ganja and charas were more commonly associated with ascetic and spiritual use.

Part 2: The Colonial Gaze and the NDPS Act

So, what changed? How did this sacred plant become a target of the law? The shift began with external influence and culminated in a sweeping domestic law.

The British Investigation

During British rule, officials grew concerned about the widespread use of cannabis and its supposed link to insanity and crime. In 1894, they commissioned a massive study: The Indian Hemp Drugs Commission Report.

After interviewing thousands of people—from farmers to monks to doctors—the commission came to a stunning conclusion:

The moderate use of these drugs is the rule, and... is attended by no evil results whatever. Suppressing its use would be unjustifiable, causing widespread suffering and deep-seated discontent.

For nearly a century after, this report ensured that cannabis remained largely unregulated in India.

[Image: A black and white photo of a colonial-era Indian market or street scene]

The Turning Point: The NDPS Act of 1985

The real legal crackdown came much later. In 1961, the United States led a global push for the UN Single Convention on Narcotic Drugs, which aimed to criminalize drugs like cannabis worldwide.

India resisted for over two decades, citing the plant's deep cultural and social significance. However, under mounting international pressure, the Rajiv Gandhi government finally passed the Narcotic Drugs and Psychotropic Substances (NDPS) Act in 1985.

This act was a sledgehammer. It clubbed cannabis with hard drugs like heroin and cocaine, imposing strict punishments, including:

  • Cultivating, producing, selling, or possessing cannabis is a criminal offense.

  • Penalties range from hefty fines to lengthy prison sentences (up to 20 years for commercial quantities).

Part 3: The Legal Loophole and the Current Labyrinth

This is where the story gets truly fascinating. When drafting the NDPS Act, lawmakers left a deliberate, culturally-sensitive loophole.

The Act’s definition of "cannabis" explicitly excludes the leaves and seeds of the plant.

This means:

  • Charas (Resin) & Ganja (Flower/Bud): Strictly ILLEGAL.

  • Bhang (Leaves & Seeds): Largely LEGAL and regulated by individual states.

This is why you can buy bhang from government-licensed shops in states like Rajasthan and Uttar Pradesh, but smoking a joint made from the flower of the very same plant can lead to arrest. It’s a legal distinction that baffles many but is rooted in preserving a centuries-old tradition.

[Image: A colorful photo of a government-licensed Bhang shop in India]

The Path Forward: A Crossroads of Tradition and Law

Today, India stands at a crossroads. The conversation around cannabis is louder than ever.

  • Decriminalization Efforts: Numerous petitions have been filed in Indian courts arguing that the NDPS Act is unconstitutional, unscientific, and infringes on personal liberty.

  • Medical and Industrial Use: Startups are exploring the medicinal properties of cannabinoids, and states like Uttarakhand have legalized the cultivation of industrial hemp (cannabis with low THC content) for creating fiber, textiles, and building materials.

  • Economic Potential: Proponents argue that legalizing and taxing cannabis could generate billions in revenue, curb the black market, and provide a lifeline to struggling farmers.

The future of this ancient plant in its native land remains unwritten. As the world re-evaluates its stance on cannabis, India is forced to look both inward at its rich history and outward at the global trend of legalization.

Will India realign its modern laws with its ancient traditions? Only time will tell.

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