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Cannabis refers to a group of plants with psychoactive properties, also known as Cannabis Sativa. When the flowers of these plants are left to dry, a common drug called marijuana is obtained from it.
Globally, the use of cannabis and the use of its by-products has been legally contested, making its manufacture, possession, and consumption illegal in many countries. In 1996, California was one of the first states in the US to approve the decriminalisation of cannabis for medical use. By the year 2019, 30 US states permitted limited marijuana use, mostly medical but also recreational.
Cannabis was never at the centre of discussions. It was only in the 60’s that the American government and the media actively started campaigning against it. Despite this India opposed the classification of marijuana as ‘hard drugs’ during the 1961 Convention on Narcotics Drugs. In the 80’s pressure on India escalated from the Ronald Reagan’s government. They threatened India by saying, “Ban it or we shoot”. Finally India buckled under this mounting pressure and thus, the Narcotics Drugs and Psychotropic Substances Act of 1985 was passed in India. Bhaang was exempted from this list due to religious purposes.
It then comes as a surprise that the Indian representatives, at the UN convention held at Vienna, voted along with 26 countries in favour of reclassifying cannabis and removing it from the category of the world’s most dangerous drugs. Under this watershed moment, by taking WHO’s recommendation, cannabis and cannabis resin has now been removed from Schedule IV of the 1961 Single Convention on Narcotics Drugs.
This recent development raises a lot of questions with regard to India’s stance on cannabis, given the shocking persecution of Bollywood actors just until a few weeks ago.
The Wire reports that India did not give any explanation for its vote but it is claimed by sources that India finds the medical use of cannabis promising. Its recreational use is being said to be still strictly banned in India.
Given the intense media spotlight on the Bollywood narcotics debacle, popular interest has been forged to re-examine the legality of cannabis in India.
As the debate gets bigger, it is important to keep into consideration India’s tryst with cannabis historically and culturally. Its popular association with Hindu God Shiva is a part of Indian folklore. In addition, there is evidence dating back to 1000 BC that suggests the use of cannabis in India. American author and cannabis activist, Jack Herer, wrote in his book The Emperor Wears No Clothes (2016) that Hemp is the oldest cultivated crops in the history of mankind. The nomadic tribes also referred to as Aryans from Central Asia and Persia introduced cannabis and its various uses to the mediterranean and middle eastern regions. In India, the plant was introduced by salt traders from China and opium traders from Persia, who would take the silk route to pit stop at high altitude regions like Nepal, Himachal Pradesh, and Uttarakhand. The locals were introduced to Charas and its many benefits, they would use it for its medicinal properties known to boost immunity and also to create items of daily use from hemp fibre.
With the establishment of the Colonial regime in India, concentrated efforts were made to appropriate the culture and history of the subcontinent in the 19th century. At the centre of these colonial restrictions was the production and consumption of cannabis.
Keeping in mind the historical roots and the many benefits of the plant, many civil society groups like the Great Legalisation Movement have been demanding legislative reforms to legalise the use of cannabis in India.
In a petition filed at the Delhi High Court, this group highlighted the prohibition imposed on cannabis post the 1985 NDPS Act. They drew from the various scientific research papers published at forums like the World Health Organisation emphasising on the medical benefits of the plant, including its role in fighting cancer amongst others. The plea also chalked out the various industrial application of the plant.
Avinash Pandya, co-founder of Boheco says that cultivation of medical-grade cannabis should be legalised and ease in availing license should be warranted for institutes to further research on the medical benefits and application of the plants and its by-products.
Additionally, the report Talking Drugs states that in 2014, a group of researchers completed a time-series analysis of medical cannabis laws and opioid-related deaths across all 50 US states over a 12-year period. The paper, published in the Journal of the American Medicine Association concluded that “medical cannabis laws are associated with significantly lower state-level opioid overdose mortality rates.”
Vinesh Chandrakan, an injury rehab specialist and director at CBD Store India, in an interview with VICE says that this recent development will lay the groundwork for small-scale industries or independent farmer who want to cultivate high-grade cannabis strains. He also mentions that India, which does not have an independent NDPS Act, may not have to worry about UN putting sanctions anymore with regards to the use of cannabis.
The vote at the UN also brings with it a series of concerns, mainly because the wider acceptance of cannabis may impact small-scale players. With the legalisation, the process will become more bureaucratic, going through multiple channels and involving a lot of paperwork. This can be a problem for small scale farmers who may not have the education to go through a complex structure like this. Viki Vaurora, the founder of The Great Legalisation Movement, has been advocating and trying to get a framework in place wherein the small-scale farmers can cultivate and use their own plant.
Though the vote at the UN may not necessarily bring about changes to the legislative laws specific to the various countries, it will spark an environment of debate and dialogue.
While the use of cannabis for medicinal purposes may make way for easier procurement of licenses and hasslefree cultivation. Furthermore, it will lead to a positive change in attitude with a marked reduction in stigma towards the users of cannabis.
Taking a clue from other countries where the consumption of marijuana for recreational purposes is legal, India may eventually follow suit! Fingers crossed!
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