In a landmark decision, the United Nations Commission on Narcotic Drugs (CND), during its 63rd session, has instituted several consequential modifications in the international regulation of cannabis. This includes a pivotal reclassification of cannabis, also known as Marijuana or Hemp, which eliminates it from the list of most dangerous drugs.
The Journey Towards Reconsideration
The foundation for this decision was laid by the World Health Organization (WHO) when it made six recommendations related to cannabis scheduling in UN treaties in January 2019. This included the crucial suggestion to remove cannabis and cannabis resin from Schedule IV of the Single Convention on Narcotic Drugs, 1961. Schedule IV catalogues those drugs perceived to have particularly hazardous properties compared to others. Initially planned to be debated at the CND’s session in March 2019, the vote was postponed, as members called for more time.
Global Decision on Cannabis Regulation
Before the recent decision by the CND, cannabis was listed alongside lethal, addictive opioids such as heroin under Schedule IV. Now, cannabis and cannabis resin have been transferred to Schedule I, comprising of the least hazardous substances. The motion received support from 27 of the CND’s 53 Member States, including India, the USA, and most European nations. Opposition came from 25 countries including China, Pakistan, and Russia, and one abstention was recorded from Ukraine.
Implications of the Reclassification
Following the enforcement of the Convention in 1961, cannabis had been subject to rigid control schedules, which even discouraged its use for medical purposes. Though this reclassification does not immediately alter its status universally, as individual nations maintain their respective regulations, it is poised to influence the legislative process in many nations that align their policies with international protocols.
This significant vote hence sets the stage for recognizing the medicinal and therapeutic potential of cannabis on a global scale.
India’s Position and Regulations
India has joined the majority in voting to remove cannabis from the list of most dangerous substances under the Convention. Under the country’s Narcotic Drugs and Psychotropic Substances (NDPS) Act 1985, illicit activities related to cannabis such as production, manufacture, possession, sale, purchase, transport, and use are punishable offences.
Handled by the Narcotics Control Bureau (NCB), this regulation was enacted in 1985 succeeding the Dangerous Drugs Act 1930.
Cannabis: A Profile
As defined by the WHO, cannabis refers to the psychoactive preparations derived from the plant Cannabis sativa. It is reported to be the most widely cultivated, trafficked and abused illicit drug in the world with Delta9 tetrahydrocannabinol (THC) being its major psychoactive constituent.
The NDPS Act designates ‘Charas’ as the separated resin extracted from the cannabis plant, covering separated raisin in various forms, whether crude or purified, including concentrated preparations such as hashish oil or liquid hashish. The flowering or fruiting tops of the cannabis plant are defined as ‘ganja’. However, seeds and leaves are excluded from the Act due to their low THC content.
Under current Indian law, recreational use of cannabis is still prohibited. However, CBD oil, short for cannabidiol and derived from the leaves of the cannabis plant, is legal if manufactured under a license per the Drugs and Cosmetics Act, 1940, albeit not commonly used.
About the Commission on Narcotic Drugs
The CND is a UN agency responsible for the control of substances by categorizing them under global drug control convention schedules. With its headquarters in Vienna, it has been operational since 1946.
Since the commencement of the 1961 Convention, global attitudes towards cannabis have seen a paradigm shift, with over 50 countries currently allowing medicinal cannabis programmes. Furthermore, its recreational use has been legalized in Canada, Uruguay and 15 states of the USA, reflecting a substantial change in perception.
