Why buying bhaang is legal but growing cannabis at home isn’t, Pg16

Key Highlights:

• The Kerala High Court dismissed a petition against proceedings for growing cannabis.
• The NDPS Act of 1985 doesn't ban every part of the cannabis plant.
• The Act defines ganja as the "flowering or fruiting tops" of the cannabis plant, excluding seeds and leaves when not accompanied by the tops.
• Punishment under the NDPS Act varies based on the quantity of the drug involved, with cultivation attracting rigorous imprisonment.
• Bhaang, made from cannabis leaves, is legal due to the NDPS Act not classifying leaves as a narcotic drug, but is subject to state laws.
• Section 8(b) of the NDPS Act prohibits the cultivation of any cannabis plant except for medical or scientific purposes as prescribed by the government.

Detailed Insights:

• The petitioner in the Kerala High Court case argued that the cannabis plants he grew hadn't developed "flowering or fruiting tops," and therefore didn't constitute ganja under the law.
• The NDPS Act defines cannabis (hemp) as including charas, ganja, and any mixture or drink prepared from them; charas is defined as the separated resin obtained from the cannabis plant.
• The punishment for possessing small quantities of ganja (up to 1 kg) or charas (up to 100 grams) can lead to imprisonment of up to one year, a fine of Rs 10,000, or both.
• Possessing commercial quantities of ganja (at least 20 kg) or charas (1 kg or more) attracts rigorous imprisonment of 10 to 20 years and a fine of Rs 1 lakh to 2 lakh.
• While the NDPS Act doesn't classify cannabis leaves as a narcotic drug, the cultivation of the cannabis plant is prohibited, regardless of whether it has flowers or not.
• States like Uttar Pradesh and Rajasthan license authorized dealers to sell bhaang, while others, such as Assam, have banned it entirely, highlighting varying state regulations.

Key Concepts Involved:

• NDPS Act: Indian law enacted in 1985 that regulates narcotic drugs and psychotropic substances.
• Ganja: Defined under the NDPS Act as the flowering or fruiting tops of the cannabis plant.
• Charas: Defined under the NDPS Act as the separated resin, in whatever form, obtained from the cannabis plant.
• Bhaang: An edible preparation made from the leaves of the cannabis plant, legal due to the NDPS Act not classifying leaves as a narcotic drug.