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Cannabis is a kind of plant primarily grown in Central Asia. Different parts of this plant are used in making drugs. For instance, charas are made out of resins, bhang is made of leaves and seeds, and ganja is made of flowers. They are addictive drugs and cause harm to society. Almost every day, we hear news related to consuming or selling weeds. Undoubtedly, the question will pop up in our mind: is weed or marijuana legal in India? Are all kinds of cannabis illegal? Or how much we are allowed to keep them? These are the questions that we will be discussing in this article.
India has a profound connection with cannabis. The root goes to 2000 BCE. Bhang is widely used in making different liquors, such as Bhang Thandai or Bhang Lassi, in festivals like Holi and Shivaratri.
Weed, marijuana, or cannabis is a kind of drug obtained from the cannabis plant. These plants are native to Central Asia. Different parts of this plant are used for making different kinds of drugs, mainly in India. It is widely used in Indian festivals and for medicinal purposes. Now, let us see, is weed or marijuana legal in India?
As stated above, different kinds of drugs are made from distinct parts of weed or marijuana. It means charas, bhang, ganja, etc., are all made out of the same plant. Then, why Is Weed or Marijuana Legal in India to a certain extent?
The answer lies in the Indian law that has made some weeds legal while some illegal. The law is called the Narcotic Drugs and Psychotropic Substances Act, passed in 1985. This law is applicable to all Indians. However, apart from this law, different states have made laws dealing with the import/export and over-consumption of weeds. Some states have made bhang illegal, while others have not, for instance.
It is worth noting that the law of India does not make the whole plant parts illegal. Let us see how sections 2 (iii) and (iv) of the NDPS act define a weed.
1. Charas is that which is obtained from the resin of a cannabis plant. It can be purified or crude. Hashish oil or liquid hashish also comes under this category.
2. Ganja is defined as the weed obtained from the fruits or flowers of the cannabis plant. It excludes the leaves and seeds of the plant.
3. Any liquor or mixture prepared from the plant’s parts mentioned above.
4. Any plant that falls under the category of genus cannabis is a cannabis plant.
If we go according to this definition of the NDPS act, we will notice that the weed prepared from leaves or seeds like bhang is excluded from the list. It indicates the legality of bhang in India. However, some states have laws regarding the matter. For instance, in Assam, the sale, purchase, possession, and consumption of ganja and bhang are banned altogether.
According to this act, the manufacturing and selling of cannabis resins and flowers are strictly prohibited. On the other hand, the other parts of plants, like seeds and leaves of weeds or marijuana, are legal in India. However, using section 10 of the act, states are free to impose strict rules on this law according to the situation.
Keeping weed or marijuana (according to the definition of the NDPS act) is illegal and will count as a crime in India. But, definitely, the punishment for the crime depends on the amount someone possesses.
Based on the amount of weed, there are three kinds of categories.
Small Quantity and its Punishment
1 kilogram or less of Ganja, 2.5 grams or less of Opium, and 100 grams or less of Charas fall under the small category.
For someone found possessing this much quantity, there is a punishment of 10,000 Indian rupees or six months of imprisonment or both.
Quantity more than the Small Quantity but less than the Commercial Quantity
The quantity of weeds or marijuana that goes more than the small quantity but less than the commercial quantity falls under this category.
The punishment for possessing more than a small quantity is ten years of imprisonment or a fine of 1 Lakh Indian rupees or both.
Commercial Quantity and its Punishment
More than 20 kilograms of Ganja, 2.5 kilograms of Opium, and 1 kilogram of Charas fall under the commercial category.
The punishment for possessing commercial quantities of weed or marijuana in India is a fine of 1 to 2 Lakh Indian rupees, 10 to 20 years of imprisonment, or both.
The question, initially the objective of this article, is weed or marijuana is legal in India, has been answered successfully. To remind you, let us repeat this again: Up to a certain extent, weed or marijuana is not legal in India, but it comes with specific criteria. Living under this criteria and following your state law, if you use weed, then it is not illegal.
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