India’s Cannabis Laws – Cultivation, Use and Legal Nuances

The legal landscape of cannabis in India remains complex as of 2025. Recent rulings reaffirm the strict prohibition on growing cannabis plants, even as certain parts of the plant and its derivatives enjoy limited legal acceptance. This article explains the key aspects of cannabis regulation under Indian law and clarifies common confusions.

Legal Definition of Cannabis Under Indian Law

The Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985, defines cannabis in distinct parts. Ganja refers to the flowering or fruiting tops of the cannabis plant. Charas means the separated resin, including hashish oil. Leaves and seeds without flowering tops are excluded from the definition of ganja and thus are not classified as narcotic drugs. The Act separately prohibits the cultivation of any plant belonging to the genus cannabis.

The Bhang Exception and State Regulations

Bhang, an edible preparation made from cannabis leaves, is exempt from the NDPS Act since leaves are not considered ganja. However, bhang is regulated by state laws, not the central Act. Some states allow licensed sale and consumption of bhang during festivals, while others ban it entirely. This creates a patchwork of legal status across India.

Prohibition on Cultivation and Recent Court Interpretation

Cultivating cannabis plants is illegal under Section 8(b) of the NDPS Act except for medical or scientific purposes authorised by the government. The Kerala High Court recently ruled that growing cannabis plants—even without flowering tops—in pots counts as cultivation and is punishable. The court rejected the argument that cultivation only means farming on a large scale, confirming it includes gardening in any form.

Punishments for Cannabis Offences

The NDPS Act categorises offences based on quantity. Small quantity for ganja is up to 1 kg; commercial quantity starts at 20 kg. Penalties for small quantities include up to one year rigorous imprisonment and fines up to ₹10,000. Commercial quantities attract 10 to 20 years imprisonment and fines up to ₹2 lakh. Cultivation offences can lead to up to 10 years imprisonment and fines up to ₹1 lakh.

Industrial and Medical Use Exceptions

The government can permit cannabis cultivation for industrial and medical use. Industrial hemp with low THC levels is legally grown in some states like Uttarakhand, Uttar Pradesh, Himachal Pradesh, and Madhya Pradesh. Scientific bodies also receive licences for research cultivation. Medical cannabis clinics have opened, prescribing cannabis-based treatments for certain conditions.

Ongoing Legal Debates and Reforms

Legal challenges continue, such as the petition in the Delhi High Court by advocacy groups seeking to decriminalise cannabis. They argue the restrictions are unscientific and arbitrary. The debate reflects global trends towards reconsidering cannabis laws for medical, industrial, and recreational use.

Questions for UPSC:

1. Discuss the impact of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985 on traditional Indian cultural practices involving cannabis.
2. Critically examine the role of state governments in regulating substances excluded from central narcotic laws, with examples from India’s bhang policies.
3. Explain the challenges and opportunities in legalising cannabis for medical and industrial use in India, considering international trends.
4. With suitable examples, discuss the judicial interpretation of cultivation in environmental and agricultural laws and its implications on individual rights and state regulation.

Answer Hints:

1. Discuss the impact of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985 on traditional Indian cultural practices involving cannabis.

1. NDPS Act criminalised cannabis largely due to international pressure, disrupting centuries-old cultural use.
2. The Act distinguishes parts of the plant – flowering tops (ganja) are banned; leaves and seeds (bhang) are exempted.
3. Bhang, used in festivals like Holi and Maha Shivaratri, remains legally consumed under state regulation, preserving some cultural practices.
4. Criminalisation affected traditional uses such as religious rituals involving ganja and charas, limiting their practice.
5. Creates legal ambiguities and social stigma around cannabis, impacting communities reliant on traditional uses.
6. Ongoing legal debates and petitions reflect tension between cultural heritage and modern drug control laws.

2. Critically examine the role of state governments in regulating substances excluded from central narcotic laws, with examples from India’s bhang policies.

1. NDPS Act excludes cannabis leaves and seeds; states regulate bhang production, sale, and consumption.
2. States like Uttar Pradesh and Rajasthan license bhang dealers, allowing controlled festive use.
3. Other states, e.g., Assam, ban bhang completely, showing diverse regulatory approaches.
4. State laws fill the regulatory gap left by central law, balancing cultural practices and public health concerns.
5. Variations in state policies create a patchwork legal scenario, complicating enforcement and compliance.
6. States also regulate industrial hemp cultivation under central permissions, showing layered governance.

3. Explain the challenges and opportunities in legalising cannabis for medical and industrial use in India, considering international trends.

1. Challenges include strict NDPS Act prohibitions on cultivation and use, requiring government licences for exceptions.
2. Medical cannabis clinics and research licences (e.g., CSIR) show emerging acceptance and potential healthcare benefits.
3. Industrial hemp cultivation legalised in states like Uttarakhand offers economic opportunities without psychoactive risks.
4. International trends towards decriminalisation and medicinal use pressure India to reconsider restrictive laws.
5. Regulatory complexity and social stigma remain barriers to widespread legalisation.
6. Potential for job creation, export, and traditional medicine integration if legal frameworks adapt suitably.

4. With suitable examples, discuss the judicial interpretation of cultivation in environmental and agricultural laws and its implications on individual rights and state regulation.

1. Kerala High Court ruled cultivation includes growing cannabis plants even in pots, rejecting narrow agricultural definitions.
2. Judicial interpretation broadens cultivation to include gardening, impacting personal freedoms to grow plants at home.
3. Courts rely on legal dictionaries and statutory intent to uphold strict prohibitions under NDPS Act.
4. Such rulings affirm state’s regulatory power over controlled substances regardless of scale or intent.
5. Raises questions about balancing individual rights with public health and law enforcement priorities.
6. Similar interpretations in environmental laws restrict activities impacting ecology, showing judiciary’s role in enforcing regulation over individual claims.