The history of cannabis in India | The Issue

The cultivation and use of cannabis is historically rooted in the Indian subcontinent and this rich heritage of cannabis use dates back at least two thousand years. Under Ayurveda, cannabis was used for a host of purposes which included treating the nervous system and even gastrointestinal issues.

The Vedas have also talked about cannabis and included it in its list of five sacred plants, calling it a ‘liberator’ and a ‘joy giver’. The use of this drug was so prevalent in colonial India that in 1893 the British even appointed a commission to investigate the cultivation of the plant, and the effects of its consumption. The commission in its report said that moderate use of cannabis did not have any serious detrimental effect on physical, mental or moral health. Over the years, cannabis was regulated through multiple excise legislations, but it’s use was not criminalised.

A lot of this changed with America’s prohibitionist approach to drug use, which many believe to have had racist roots. Over decades, US pushed this form of prohibition and worked with the UN to forge a similar regime across the globe. UN Convention on Narcotic Drugs, 1961 created international obligations to curb traffic, cultivation and use of narcotic drugs, including marijuana.

Also watch: Cannabis use on the rise post legalisation & Covid-19 lockdowns: UN report

In the face of mounting pressure, in 1985, the Narcotic Drugs and Psychotropic Substances Act was enacted to fulfil India’s obligations under this Convention. Thus, the use of cannabis, which was legally and socially sanctioned for thousands of years, was criminalized in one swoop.

So, what is the real status of cannabis in our country?

This too is complicated! Like we said before, marijuana has been part of our culture for a while, and the prime example of its usage is through the fan favourite drink ‘bhaang’

Bhaang, is made using the leaves of the cannabis plant, and leaves are not part of the formal definition of cannabis.

If you’re caught with a small quantity of cannabis for personal consumption you could be in prison for up to 6 months with a fine. For commercial purposes, you could face imprisonment of 6 months for a small quantity, up to 10 years for a moderate quantity and up to 20 years for a large quantity.

Also watch - Indian Ayurveda and the traditional use of Cannabis

It’s a strict law. But apart from the NDPS Act, states have the power to draft their own laws on cannabis. For example, Uttarakhand became the first state in India to allow commercial cultivation of hemp in 2018. And the Centre in 2022 told the Delhi High Court that cannabis was not fully banned in the country, as its medical and scientific use is allowed under the law.

As per a survey by the Ministry of Social Justice, 2.8% of Indians between the ages of 10 and 75 are users of cannabis. This adds up to 3.1 crore individuals. Amongst psychoactive substances, cannabis is the second most consumed in India after alcohol. According to a study by the German data firm ABCD, Delhi consumes more weed than LA : where it’s actually legal!

Also watch - What is CBD? Let's talk about the lesser-known child of cannabis

So while laws are strict, how much are they actually stopping the use of this substance and more importantly – at what cost? What do you think? Tell us in the comments below!

Watch Part II: Should cannabis be decriminalised in India? | The Issue