LEGALISATION OF MARIJUANA IN INDIA VS THE WORLD

LEGALISATION OF MARIJUANA IN INDIA VS THE WORLD

Marijuana is a mixture of the dried flowers belonging to Cannabis Sativa. It is popular by other terms like pot, herb, weed, mary jane, ganja and other slang words. Marijuana is smoked by people either in the form of a rolled-cigarette known as joints, in pipes, through bongs or rolled in cigar wraps (blunts). Marijuana is mixed into food items like candies, brownies or cookies when sold or consumed for medical purposes apart from that it can be used to brew tea. 

Charas, marijuana, bhang are derivatives of cannabis, which are popular in tradition and are used by adolescents. While some people get dependent on it others leave it after early experimentation. The drug has been legal for most of human history and illegal for 1% of the time since the time its been in use. 

ADVANTAGES

  • Controls epileptic seizures– THC (tetrahydrocannabinol) by binding to the brain cells which are responsible for regulating relaxation and controlling excitability control seizures
  • Inflammatory bowel diseases– Studies suggest that the use of marijuana can treat patients with Inflammatory bowel diseases.
  • Prevention of Cancer– Scientists have discovered that the use of marijuana can prevent Cancer
  • Alzheimer’s disease– Marijuana might slow the progression of Alzheimer’s disease.

DISADVANTAGES

  • Memory Formation– The use of marijuana block memory formation especially where the brain is still developing, because of which the legal stage to involve in its usage is 21 in the countries which have legalised it. 
  • Balance– THC messes with the balance of a person which created problems in walking, talking and driving correctly. 
  • Side effects– The common side effects of consuming marijuana include anxiety, panic, fear and distrust.
  • Psychosis– The excessive usage of the drug might result in psychosis which comprises delusion, hallucinations and loss of identity

MARIJUANA IN INDIA

In India, Cannabis has been in use since 2000 BC. A study conducted by the Indian Institute of Medical Sciences in the year 2019 shows that cannabis has been consumed by 7.2 billion Indians in the past year. As per the 2016 drug report of UNODC, the retail price of cannabis was the lowest in the world at US$0.10 per gram. The Narcotic Drugs and Psychotropic Substances Act, 1985 is the central law that deals with cannabis in India. Although, states have their laws regarding the sale, consumption or use of marijuana. In general, it is seen as a crime and can land someone in trouble. In India, Uttarakhand was the first state to allow the cultivation of Hemp for commercial purposes. 

Under the 1985 act, anyone found engaged in the practice trade or consumption of Cannabis or bud can be made liable for an imprisonment of up to 20 years. Even the possession of drugs attracts legal charges which depend upon the quantity in the possession and the purpose does not matter. The production of hemp and marijuana is also strictly banned in the country. However, the state governments have been vested with the power to grant cultivation license for some purposes (medical and research). Uttarakhand and Uttar Pradesh, the two northern Indian states have received the license to cultivate hemp. 

The Indian market for cannabis has received attention recently due to various NGOs and activists filing petitions to legalise it. The arguments often point towards the medical benefits which cannot be ignored and the boost that it can bring for the Indian economy with millions of jobs due to ideal climatic conditions required for cultivation. 

India shares a medicinal and mythical history with Marijuana. It’s been in the lives of people for centuries now. In 1986, Under the pressure of the medical lobby of the US, the country gave in and formed strict narcotic laws that prohibited the production, sale, consumption and transportation of drugs illegal. Since then, arguments in favour of legalising this drug and keeping it banned have been made. The ban did not bring much change, except for the fact that a legal source of government income has been shifted to international drug groups. 

COMPARISION WITH THE WORLD

The cannabis was legalised for medical purposes by Germany in the year 2017, which left a remark on other EU members. The recent rise in interest and investment by the Uk and Europe in the medical cannabis market is the result of deregulation of cannabis for medical causes. Denmark, Poland, Portugal and the UK have changed their regulations related to medical cannabis. In November 2019, the NHS in England approved two cannabis-based medicines which were used to treat epilepsy and multiple sclerosis. Uruguay, Canada and other 11 US states legalised the export, import, possession, distribution of cannabis for research and medical purposes. Luxembourg, who legalised the market for medical purposes now intends to loosen their laws further to legalise its production and consumption, it would be the first European country to do so. Only four countries have accepted and allowed the medical and recreational use of cannabis which are Uruguay, Canada, Georgia and South Africa.

India might have taken its first step towards legalising Cannabis. The Delhi high court in 2019, served a notice to the centre challenging the prohibition on the plant snd demanding justification for criminalising it for industrial and medical purposes. Uttarakhand already came out in open when it allowed the cultivation of hemp in 1000 hectares of land in 2018, which can be sold to the government only. The court’s notice is the result of a PIL filed by the great legalization movement India trust (GLM) which is a non-profit organisation working towards raising awareness about the medical, industrial, economical and other benefits of cannabis while making efforts to decriminalise it. The petition challenged certain provisions of Narcotic Drugs and Psychotropic Substances Act, 1985, which banned the use of Cannabis. The medical benefits of the drug were pointed out and alleged that banning it violates Article 21 (Right to life) of the constitution.

Cultivation of the drug is illegal in India. However, the Council of Scientific and Industrial Research received permission from the health ministry to cultivate the crop in j&k in the year 2017 solely for medical purposes. while the industrial, medical and recreation use of the drug is illegal in India. It is receiving acceptance across the globe. 

CONCLUSION

The cannabis market has been misunderstood in India for a larger part of it. The laws are outdated and require re-consideration. The increasing support for the market and the rising number of hemp and cannabis seems encouraging. The economic and medical benefits that India would derive from the market cannot be ignored, considering the circumstances of support received by the drug; it might not be long that the Indian government unlocks the potential to legalise the market. 

Studies show that marijuana is less harmful than other drugs like cocaine, morphine, alcohol etc, and provide relaxation and comfort to the senses, unlike others which lead to aggression in most cases. The country has taken significant steps towards legalising marijuana for medical purposes and it might someday allow the industrial benefits to expand too. Moreover, its legalisation would stop illegal international drug groups to enter and harm the economy as before its criminalisation it used to be a source of income for the state. A check on the use can be maintained as prevention often makes a drug stronger. 

Vaishali Jeswani

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