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A look at the impact of decriminalising marijuana in India, using the case study of the Sikkim Anti Drugs Act 

Should cannabis be decriminalised in India? | The Issue 

A long-standing debate concerning narcotic drugs is whether the problem is the use of drugs or the user themselves. Should drug users be viewed as criminals is a question that law enforcement struggles with till today.  

Cannabis in India is illegal. But there is also a state that looks at the use of drugs not from a criminalisation perspective, but a rehabilitative one. This is the case of Sikkim, where using cannabis is decriminalised.  

Also watch - UN removes cannabis from 'Most Dangerous Drugs' category 

In an attempt to combat the drug problem the state was going through, Sikkim in 2006 enacted the Sikkim Anti-Drugs Act. In 2017, the SADA was amended to recognise the difference between ‘peddlers’ and ‘consumers’. This did mainly two things – 1) healthcare within the state could be channelised to help the most vulnerable drug users and 2) the scheme of punishment and rehabilitation was changed, to look at users and sellers/manufacturers differently.  

In 2018, SADA went a step ahead and decriminalised illicit drug use. It also laid down elaborate provisions for detoxification and rehabilitation. Sustained advocacy by the members of civil society, doctors and de-addiction centers made a huge impact on the writing of the law, and in turn that impacted how people perceived drug use and addiction in the state.  

One of the biggest things that this amendment did was removal of the stigma. The police instead of registering cases and arresting the drug users, ascertained the need for de-addiction, facilitated rehabilitation, and focused their energies on large scale peddlers.  

Interviews conducted by the Vidhi Center for Legal Policy with the police and prison authorities revealed that undertrials in the Sikkim Central Jail had fallen from over two hundred to a mere sixty-six after the 2018 amendment.

This case study begs a larger question – how is criminalising marijuana impacting India?  

The foremost way is economically. India currently contributes only 0.001% to the world market for hemp products, which is pegged to be $4.7 billion USD today. Over three crore people in India consume cannabis. A study found that in 2018, New Delhi and Mumbai consumed 38.26 metric tonnes and 32.38 metric tonnes of cannabis respectively. It estimated that around Rs 725 crore could be raised in Delhi if cannabis is taxed. This number was pegged at Rs. 641 crore for Mumbai.  

Also watch - Ratan Tata-backed cannabis startup Bombay Hemp raises $2 million

Criminalization of cannabis use increases the strain on the criminal justice system. It is particularly felt by an already overburdened and understaffed police force. A study has also argued that this criminalisation affects the marginalised more. Research from Mumbai shows that almost every person arrested and convicted for cannabis consumption was either a daily wage worker or a slum dweller. This marginalisation is apparent through the world. Even in America, African Americans are arrested for violating marijuana possession laws at nearly four times the rates of whites, yet both ethnicities consume marijuana at roughly the same rates.

It is often argued that the reason cannabis usage can never be decriminalised in India is because of the adverse effects the substance has on our health. However, it is also true that cannabis usage continues to be ubiquitous in our country, and the method of consumption may be far more dangerous for our health.  

The stigma associated with criminalization results in social exclusion and isolation, and it makes access to healthcare and harm reduction services a lot lesser. Lack of regulation also drives users to both unsafe practices as well as contaminated material, making them prone to disease and overdose.

Also watch - Here's a deeper look at Bollywood's history with drugs

Commonly held belief suggests that India’s crackdown on cannabis started with USA’s anti-drug push in the sixties and President Joe Biden’s recent statement is a clear indication that they have moved away from this belief. Announcing a pardon of all prior Federal offenses, he said no one should be in jail for simple posession of marijuana. Many countries world over are also slowly pushing towards decriminalising marijuana and allowing for it’s use in a controlled environment.  
Now the question, should India also be looking at its relationship with marijuana from a changed perspective? Tell us what you think in the comments below!  

Watch Part I: The history of cannabis in India | The Issue 

A look at the impact of decriminalising marijuana in India, using the case study of the Sikkim Anti Drugs Act&nbsp;

A long-standing debate concerning narcotic drugs is whether the problem is the use of drugs or the user themselves. Should drug users be viewed as criminals is a question that law enforcement struggles with till today. &nbsp;
Cannabis in India is illegal. But there is also a state that looks at the use of drugs not from a criminalisation perspective, but a rehabilitative one. This is the case of Sikkim, where using cannabis is decriminalised. &nbsp;
Also watch - <a href="https://www.editorji.com/story/un-removes-cannabis-from-most-dangerous-drugs-category-1606999043143" target="_blank" rel="nofollow noopener">UN removes cannabis from 'Most Dangerous Drugs' category&nbsp;</a>
In an attempt to combat the drug problem the state was going through, Sikkim in 2006 enacted the Sikkim Anti-Drugs Act. In 2017, the SADA was amended to recognise the difference between &lsquo;peddlers&rsquo; and &lsquo;consumers&rsquo;. This did mainly two things &ndash; 1) healthcare within the state could be channelised to help the most vulnerable drug users and 2) the scheme of punishment and rehabilitation was changed, to look at users and sellers/manufacturers differently. &nbsp;
In 2018, SADA went a step ahead and decriminalised illicit drug use. It also laid down elaborate provisions for detoxification and rehabilitation. Sustained advocacy by the members of civil society, doctors and de-addiction centers made a huge impact on the writing of the law, and in turn that impacted how people perceived drug use and addiction in the state. &nbsp;
One of the biggest things that this amendment did was removal of the stigma. The police instead of registering cases and arresting the drug users, ascertained the need for de-addiction, facilitated rehabilitation, and focused their energies on large scale peddlers. &nbsp;
Interviews conducted by the Vidhi Center for Legal Policy with the police and prison authorities revealed that undertrials in the Sikkim Central Jail had fallen from over two hundred to a mere sixty-six after the 2018 amendment.
This case study begs a larger question &ndash; how is criminalising marijuana impacting India? &nbsp;
The foremost way is economically. India currently contributes only 0.001% to the world market for hemp products, which is pegged to be $4.7 billion USD today. Over three crore people in India consume cannabis. A study found that in 2018, New Delhi and Mumbai consumed 38.26 metric tonnes and 32.38 metric tonnes of cannabis respectively. It estimated that around Rs 725 crore could be raised in Delhi if cannabis is taxed. This number was pegged at Rs. 641 crore for Mumbai. &nbsp;
Also watch - <a href="https://www.editorji.com/business-news/ratan-tata-backed-cannabis-startup-bombay-hemp-raises-2-million-1637031748452" target="_blank" rel="nofollow noopener">Ratan Tata-backed cannabis startup Bombay Hemp raises $2 million</a>
Criminalization of cannabis use increases the strain on the criminal justice system. It is particularly felt by an already overburdened and understaffed police force. A study has also argued that this criminalisation affects the marginalised more. Research from Mumbai shows that almost every person arrested and convicted for cannabis consumption was either a daily wage worker or a slum dweller. This marginalisation is apparent through the world. Even in America, African Americans are arrested for violating marijuana possession laws at nearly four times the rates of whites, yet both ethnicities consume marijuana at roughly the same rates.
It is often argued that the reason cannabis usage can never be decriminalised in India is because of the adverse effects the substance has on our health. However, it is also true that cannabis usage continues to be ubiquitous in our country, and the method of consumption may be far more dangerous for our health. &nbsp;
The stigma associated with criminalization results in social exclusion and isolation, and it makes access to healthcare and harm reduction services a lot lesser. Lack of regulation also drives users to both unsafe practices as well as contaminated material, making them prone to disease and overdose.
Also watch - <a href="https://www.editorji.com/india-news/in-depth-bollywood-s-drug-tales-1633277865847" target="_blank" rel="nofollow noopener">Here's a deeper look at Bollywood's history with drugs</a> Commonly held belief suggests that India&rsquo;s crackdown on cannabis started with USA&rsquo;s anti-drug push in the sixties and President Joe Biden&rsquo;s recent statement is a clear indication that they have moved away from this belief. Announcing a pardon of all prior Federal offenses, he said no one should be in jail for simple posession of marijuana. Many countries world over are also slowly pushing towards decriminalising marijuana and allowing for it&rsquo;s use in a controlled environment. &nbsp; Now the question, should India also be looking at its relationship with marijuana from a changed perspective? Tell us what you think in the comments below! &nbsp;
Watch Part I: <a href="https://www.editorji.com/editorji-specials/the-history-of-cannabis-in-india-the-issue-1669383016209" target="_blank" rel="nofollow noopener">The history of cannabis in India | The Issue&nbsp;</a>

The issue of cannabis is a universal one. But unlike other universal issues – like murder or theft, where a somewhat black and white moral stands exist, it’s not so simple as far as cannabis is concerned. Where does India stand on this debate? 

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.  

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.

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!  

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!  

The issue of cannabis is a universal one. But unlike other universal issues &ndash; like murder or theft, where a somewhat black and white moral stands exist, it&rsquo;s not so simple as far as cannabis is concerned. Where does India stand on this debate?&nbsp;

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. &nbsp;
The Vedas have also talked about cannabis and included it in its list of five sacred plants, calling it a &lsquo;liberator&rsquo; and a &lsquo;joy giver&rsquo;. 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&rsquo;s use was not criminalised. &nbsp;
A lot of this changed with America&rsquo;s prohibitionist approach to drug use, which many believe to have had racist roots. &nbsp;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. &nbsp;
Also watch:<a href="https://www.editorji.com/lifestyle-news/health/cannabis-use-on-the-rise-post-legalisation-covid-19-lockdowns-un-report-1656331794727" target="_blank" rel="nofollow noopener"> Cannabis use on the rise post legalisation &amp; Covid-19 lockdowns: UN report&nbsp;</a>
In the face of mounting pressure, in 1985, the Narcotic Drugs and Psychotropic Substances Act was enacted to fulfil India&rsquo;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. &nbsp;
So, what is the real status of cannabis in our country? &nbsp;
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 &lsquo;bhaang&rsquo; &nbsp;
Bhaang, is made using the leaves of the cannabis plant, and leaves are not part of the formal definition of cannabis.&nbsp;
If you&rsquo;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 - <a href="https://www.editorji.com/lifestyle-news/indian-ayurveda-and-the-traditional-use-of-cannabis-1635146932652" target="_blank" rel="nofollow noopener">Indian Ayurveda and the traditional use of Cannabis&nbsp;</a>
It&rsquo;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&rsquo;s actually legal! Also watch - <a href="https://www.editorji.com/lifestyle-news/health/what-is-cbd-let-s-talk-about-the-lesser-known-child-of-cannabis-1633689084285" target="_blank" rel="nofollow noopener">What is CBD? Let's talk about the lesser-known child of cannabis&nbsp;</a>&nbsp;
So while laws are strict, how much are they actually stopping the use of this substance and more importantly &ndash; at what cost? What do you think? Tell us in the comments below! &nbsp;
Watch Part II: <a href="https://www.editorji.com/editorji-specials/should-cannabis-be-decriminalised-in-india-the-issue-1669383307279" target="_blank" rel="nofollow noopener">Should cannabis be decriminalised in India? | The Issue&nbsp;</a>

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