Since the Vedic period, hemp has been a part of India’s culture. It was only in the early 20th century that prohibitionists led a campaign to ban hemp, and it wasn’t until 1985 that it was fully outlawed. However, there has been a recent push to legalize this versatile plant, and India is now on the journey to re-embrace its relationship with hemp. In this article, we will explore the history of cannabis prohibition in India and discuss how India Hemp laws are changing today.
The three main types of marijuana derivatives that have been used in India for their psychoactive effects throughout history are bhang, ganja, and charas. Bhang, which is the matured leaf or fruit of the plant, has been legally allowed for use within the country. Ganja comes from the flowering tops of cannabis plants, and charas is a sticky resin that’s extracted from the plant.
The Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS) forbids the use of both Bhang and Charas, whereas the state governments control the growth of bhang, leaves, and seeds.
Hemp, or industrial hemp, is a strain of the Cannabis sativa plant that is grown for industrial or medical purposes, and not for its psychoactive properties. Industrial Hemp is used in a variety of products, including paper, textiles, clothing, biodegradable plastics, paint, insulation, biofuel, food, and animal feed.
Hemp and marijuana both contain tetrahydrocannabinol (THC), a chemical that produces mind-altering effects in humans, but hemp plants have very little THC concentration, 0.3% to be precise.
Because of its THC content, Hemp is commonly mistaken for Marijuana and has resulted in its prohibition.
“India’s stance on the legalization of Marijuana is still very much in flux, with some politicians pushing for reform and others maintaining a hardline stance against it.”
The History of India Hemp Laws and Cannabis Laws
The first record of prohibition comes from British colonial rule. In 1838, the British East India Company issued a ban on the cultivation and use of hemp in British-Occupied India. The reasoning behind the ban was two fold: first, the British were concerned about the potential competition that hemp might pose to their textile industry; and second, they believed that cannabis was a “dangerous drug” that needed to be controlled.
It wasn’t until 1857, after the Sepoy Rebellion, that the British Crown took over direct control of India from the East India Company. Under British rule, the cultivation and use of hemp continued to be banned. In 1898, Lord Kitchener issued a ban on the sale and consumption of bhang in the military. And in 1927, the British passed the Dangerous Drugs Act, which placed restrictions on the cultivation, use, and trade of cannabis.
The Dangerous Drugs Act was followed by the Marijuana Tax Act of 1937, which placed a heavy tax on anyone who was caught growing or selling cannabis. This effectively made it impossible for small farmers and traders to compete with the large, established cannabis growers and sellers.
After India gained independence from British rule in 1947, the new Indian government decided to continue the prohibition of cannabis.
In 1985, the Narcotic Drugs and Psychotropic Substances Act was passed, which made all forms of cannabis illegal. The act did make an exception for bhang, which is still legal in India today.
The Current Legal Status of Cannabis in India
In India, the law on cannabis is determined by the Narcotics Drugs and Psychotropic Substances Act (NDPS), 1985. This act prohibits selling or producing cannabis flowers, but seeds and leaves are allowed.
Besides the NDPS Act, states have the power to independently write laws concerning cannabis.
Section 10 of the NDPS Act lets states permit and manage “the cultivation of any cannabis plant, production, manufacture possession, transport import and export inter-State, sale purchase consumption or use of cannabis.”
In 2001, the Indian government issued a directive that called for the creation of hemp-based industries. This was seen as a way to promote industrial development in rural areas, and to create new job opportunities. In 2002, the Central Institute of Medicinal and Aromatic Plants (CIMAP) began researching the cultivation and use of hemp.
In 2013, the Uttarakhand High Court lifted the ban on the cultivation of hemp in the state of Uttarakhand. The court ruled that hemp was not a “dangerous drug” and that it had many industrial and medicinal uses.
The central government has also taken steps to promote the cultivation and use of hemp. In 2016, the Ministry of Agriculture issued a set of guidelines for the cultivation of hemp. And in 2018, the Indian Council of Agricultural Research released a report that called for the “large-scale cultivation” of hemp.
Now that we know a bit more about hemp and its products, let’s explore the legalities around manufacturing hemp products.
License for Manufacturing Hemp Products
The Drugs and Cosmetics Act covers the manufacturing of hemp seed products.
Exploring India Hemp Laws
There are two types of manufacturing licenses: those for self-manufacturing, and loan licenses that allow you to use a third party’s resources. Both have a comparable application procedure as determined by the Drugs and Cosmetics Rules. There are several other methods to sell ASU (Ayurveda Siddha Unani Products) goods, such as third-party manufacturing, which involves outsourcing the manufacturing process but not the retail.
Rule 154 of the Drugs and Cosmetics Rules, 1945 says that “a license to manufacture for sale any Ayurvedic (including Siddha) or Unani drugs shall be issued in Form 25D, subject to the fulfillment of conditions set out in rule 157.” The license will be issued by the licensing authority within three months from the date of receipt of the application, along with a fee of Rs.1000.
The Drugs & Cosmetics Rules, 1945, Rule 157 provides the following requirements for a license to be issued:
- Manufacture of Ayurvedic (including Siddha) or Unani medicines shall be conducted in such a facility and under such sanitary conditions as are outlined in Schedule T.
- To get a certificate of Good Manufacturing Practices for Ayurveda-Siddha-Unani medicines, the applicant must submit an application providing the details of the current infrastructure of the manufacturing facility, and after verification of requirements as outlined in Schedule T, a certificate will be issued within three months in Form 26 E-I.
- An extra copy is needed for a medical invention or proprietary medicine covered by section 3(h) of the Drugs and Cosmetics Act. As a regulatory need, efficacy evidence for the ASU drug must be supported by textual rationale, published research, and a pilot study. When textual rationale, published literature, and textual indications based on authoritative ASU books are not provided in support of indication for the intended ASU drug (Rule 158B), only a pilot study is required.
Wrapping Up
The legalization of hemp is a positive step forward for India. Hemp has the potential to create new jobs and boost the economy. It can also be used to make a variety of products, including paper, rope, cloth, fuel, and food. And it has many medicinal uses that could help improve the lives of millions of people.
The journey from prohibition to legality has been a long one, but it is clear that hemp has a bright future in India.
“What do you think about the legalization of hemp in India?”
Let us know in the comments below.
Do you think that the legalization of hemp is a good thing for India? Why or why not? Are you happy with existing India hemp laws. Thanks for reading!
Click here to read how Hemp Foundation has covered the topic in detail on Cannabis/Hemp Laws around the world.
You can mull over on another article on The History of Hemp Cultivation in India for deeper insights.
This article is for informational purposes only and does not constitute legal advice. Please consult a legal expert if you have any questions about the legalization of hemp in India.
