HISTORY
Cannabis[1] has been being utilized in India for over 2,000 years. The Sushruta Samhita, an obsolete clinical organization, proposes a cannabis plant separate for treating respiratory hardships and detachment of the insides. In 1798, the British parliament endorsed an obligation on cannabis results to diminish use. As indicated by The Vedas, cannabis was one of five holy plants and a heavenly messenger lived in its leaves. The Vedas consider cannabis a wellspring of bliss, satisfaction provider, a saviour that was mercifully given to people to assist us with achieving delight and lose dread. It is also the 2nd most consumed substance after alcohol in India.
The market for cannabis items, both sporting and mechanical, is by all accounts nearly significant development. However, China rules worldwide stock, its grip over the market may debilitate if organizations consider moving stockpile chains out of the nation, as they have all through 2020. Around 13 million people use marijuana and opium in India.[2]
(NCRB) information[3] for 2018 shows a 25 per cent ascend in drug seizures, with weed beating the rundown at 391,275 kilos; hash fourth on the rundown after corrosive and opium at 3,911 kilos. Be that as it may, while the number of medications seized has risen, the quantity of individual use has fallen from 41,056 in 2017 to 38,715 out of 2018.
Also, these are numbers for all medications, the captures for cannabis ownership and utilization might be even lower. It is a dominant part of various local cultures across the country.
RULES IN INDIA
More than 400 districts cultivate cannabis in India. It is easily available in major cities around the country. Cannabis is consumed in one way or the other. In the USA 11 states have legalised cannabis for recreational use, and 16 have legalised for medicinal research[4]. The reasons cited included marijuana being a less harmful drug and a calming factor, its widespread use and the fact that decriminalising it would encourage more conversation around responsible drug consumption.
Cultivation of cannabis for industrial purposes or horticulture has been legalised in India.
Narcotics Drugs and Psychotropic Substances Act, 1985[5] does not allow the sale of cannabis or anything derived from cannabis except Bhang which is legal and sold in many states and is sold in government-regulated stores.
Section 10 of the NDPS Act[6] allows states to permit and regulate the cultivation of any cannabis plant, production, manufacture, possession, transport, import inter-State, export inter-State, sale, purchase consumption or use of cannabis.
Section 14 of the NDPS Act 1985[7] states that the government can use cannabis for industrial purposes only of obtaining fibre or seed or for horticultural purposes.
Section 20 of the NDPS Act[8] states the punishment for possession of cannabis in India, which is
- 6 months Jail /10,000 fine or both in case of a small amount
- 10 years Jail/fine of Rs. 1 lakh, or both in case more than a small amount
- 10-20 years/Fine of Rs.1-2 Lakhs or both in case of commercial size
Just in Himachal Pradesh, an estimated around 60,000 kgs of hash and 40,000 kgs of opium are produced out of which only 500-1000 Kgs is seized by the authorities. [9] The punishment mentioned above is stricter than assaulting someone in India. According to conducted studies around 2.8% of the population consumed cannabis in one way or the other and just alone in Delhi Rs 725 crore could be generated if marijuana is legalised.
The Uttarakhand government made a basic step the right way by legitimizing the approved improvement of low-THC hemp in 2016. From here on out, Madhya Pradesh has considered doing thusly, be that as it may, generous movement has been deficient. In 2019, the Union Government permitted creative work in Uttar Pradesh as well. Notwithstanding there’s money to be made, errands to be made and headway to be enabled here, legitimate limitations have covered stock chains to the sign of financial non-viability. Internationally the illegal drug trade is roughly worth $650 billion. Even if 2% could be of this could be generated by a country, it would be beneficial for the states and the people of this nation.
BENEFITS OF LEGALIZATION
- If cannabis is legalised it will help a lot in boosting the economy of the states and will provide jobs for unemployed people.
- It will also lead to fewer arrests and can lead to a reduction of illegal organizations involved in the procurement of Cannabis/weed.
- It has been seen that cannabis helps in Numbing the pain example: arteritis, chemotherapy and Alzheimer’s and the treatments have been successful in other countries.
- Hemp can be used for nutritional use.
- Cannabis has more than 10,000 ways of being used.
IMPACT OF LEGALIZATION IN INDIA
The crime percentage may fall, yet the habit-forming nature of medications will not change. Boosting of GDP and taxes could be seen easily if it is legalised. there has been no death related to overdose of Cannabis. Drugs like heroin, cocaine and similar drugs should be banned as they have adverse effects on the human body. It could improve the studies related as people will open up about the use and can easily consult doctors and others without any risk of being arrested. It could also break the taboos surrounding weed/ Marijuana in society. The estimated Business of marijuana could be worth some percentage of the GDP of the entire country is calculated.
There is no hope for curbing the consumption and production in India This would be turning a blind eye to the people who consume it across the country. If we compare the Statistics of the consumption along with the arrests that occurred, it is not even worth a major percentage of the business. Measures should be taken to enlighten the people of the after-effects and influence.
There could be a regulation of marijuana which could help in Maintaining the consumption and tracking or sales. There could be a whole new market of cannabis with products related to timber, textile and medication. Countries like Belgium, Netherlands, Canada and many more have legalised cannabis after seeing its advantages.
Author(s) Name: Yash Tiwari (Student, Amity University Lucknow)
References:
[1] Section 2 of THE NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ACT, 1985
[2] http://socialjustice.nic.in/writereaddata/UploadFile/Magnitude_Substance_Use_India_REPORT.pdf
[3] Crime in India 2018 Statistics Volume I, NCRB 2018
[4] https://www.ncsl.org/research/health/state-medical-marijuana-laws.aspx
[5] The Narcotic Drugs and Psychotropic Substances Act, 1985
[6] Section 10(1) of the The Narcotic Drugs and Psychotropic Substances Act, 1985
[7] https://indiankanoon.org/doc/663765/
[8] https://indiankanoon.org/doc/919170/
[9] https://www.indiatoday.in/magazine/nation/story/20130408-illegal-cannabis-and-opium-cultivation-in-parvati-valley-in-himachal-pradesh
