INTRODUCTION:
Our association with marijuana and its derivatives can be traced from hundreds of years with roots that are deeply embedded in Indian culture. The earliest mention of marijuana can be found in the Atharva Veda which describes it as one of the five most sacred plants on the planet. It has been considered as a source of joy, which gives a feeling of liberation. Due to its long and old association with the Indian culture and its medicinal importance marijuana and other cannabis derivatives were legally sold in the country through authorized retailers. Nevertheless, after the passing of the Narcotic Drugs and Psychotropic Substances (NDPS) Act in 1985 which was enacted because of the immense pressure from the US, marijuana trade was illegitimate throughout the nation.
The main reason behind US great emphasis on the ban of marijuana was the threat to the pharmaceutical companies of the United States who used to acquire marijuana, make painkillers and then sell those painkillers at a very high cost. If marijuana continued to remain legal in the US, then it would have adversely affected the pharmaceutical companies in the US. The second reason which is widely stated is the fear of tobacco and liquor companies who were under the fright that marijuana being less harmful to health and available easily would significantly reduce the consumption of tobacco and alcohol which would in turn result in the collapse of these industries as well. These pharmaceutical companies have always been in the forefront for opposing marijuana legalization. These companies have financed research by anti-pot academics and they also channeled huge amounts of money to certain lots, such as the Community Anti-Drug Coalitions of America, that are against marijuana legalization.[1]
In the Indian scenario, it is believed that one of the main reasons of not lifting the ban on marijuana by Indian government is the huge amount of revenue earned by it by permitting liquor companies to establish and carry their businesses. This cartel prevents the entry of a cheaper and safer competition which they know they are bound to lose. Additionally, the revenue accrued by the government in the form of weed tax would be very insignificant considering the fact that weed is way cheaper in comparison to alcohol.[2]
SERIES OF EVENTS WHICH LED TO WEED BAN IN INDIA[3]
Indian Hemp Drugs Commission Report, 1894:
When the British approached India, they were shocked when they witnessed the widespread consumption of marijuana in the country. Their concern was that excessive and unbridled use of the marijuana plant may be hazardous to the people, they came to the conclusion to document the usage of marijuana generally. This was where the Indian Hemp Commission report came into the picture. The purpose of the report was to have an insight into the cultivation of marijuana plants, preparation of narcotic substances from it, trade of those substances, the social and moral effects of its consumption and its prohibition
Nevertheless, the findings from the report were not what the British expected. It was found that if marijuana was consumed in moderate quantities. They do not pose any hazard to the folks and hence the idea of its prohibition was shelved. The concluding statement of the report mentioned that “To forbid or even seriously to restrict the use of so gracious an herb as cannabis would cause widespread suffering and annoyance.”
Single Convention on Narcotic Drugs, 1961:
The worldwide movement for weed prohibition became prominent in 1961 with the single convention on Narcotic Drugs. The 1961 convention was the first-ever international treaty to categorize marijuana with hard drugs and imposed a ban on the manufacture and supply provided they are for medicinal and research purposes However there was a delegation opposing the treaty which India was also a part of. India was against this move to ban marijuana as charas, ganja, and bhang were very popular in the nation. Even though after withstanding tremendous International pressure, the Indian government compromised and promised to circumscribe the export of Indian hemp with a condition that the definition of marijuana would be amended under the treaty.
Narcotic Drugs & Psychotropic Substances (NDPS) Act, 1985:
The last nail in the coffin for weed ban in the country came in 1985. After withstanding immense international pressure, the Indian under the reign of Rajiv Gandhi government passed the Narcotic Drugs and Psychotropic Substances Act in 1985.
NDPS Act specifically states that marijuana refers to charas(the resin extracted from the plant) Ganja (flowering tops of the plant) or any combination prepared from either of the two allowed forms of marijuana.
It curbed the manufacture and sale of marijuana resin and flowers but allowed the usage of seeds and leaves at the same time giving the power in the hands of the states to regulate the latter. As a consequence of this rules in different states differ when it comes to bhang consumption and its possession.
The legislation took into consideration marijuana agriculture for industries or horticultural purposes as legal in the nation. The NDPS Act even acknowledges marijuana as a seedbed of biomass, fiber and high-value oil.
CONCLUSION:
Indian society has been divided into two groups with opposite opinions regarding the weed ban in India. While marijuana certainly has certain miraculous and beneficial characteristics but on the other hand, it has adverse effects too. Keeping in mind the widespread and unrestrained consumption of marijuana NDPS Act has come into picture which till a certain point has been successful in lowering down the drug abuse rates. Ironically, the United States, an ardent supporter of the Weed Ban and Single convention Treaty 1961 has itself legalized marijuana in many of its states. It is considered nothing but a conspiracy by the American Pharmaceutical, Tobacco, and Liquor companies to secure their businesses in the country and India due to the pressure by the United States had to ban marijuana in its own land despite its cultural and historical significance. After analyzing the above-mentioned reasons of the weed ban in Indian, it can be safely concluded that Indian Government is not willing to lift the Ban from weed as it would adversely affect its revenue in the form of taxes.
One cannot be sure of the legalization of marijuana in India in the near future but proper discussions and planning should be done if the government considers the idea of marijuana legalization as any mistake or recklessness can have dire consequences on society.
[1]One striking chart shows why pharma companies are fighting legal marijuana by Christopher Ingraham July 13 2016 https://www.washingtonpost.com/
[2]Why Marijuana Became Illegal in India Mar 15,2017 https://www.lawyered.in/
[3]The Complete Story of the Weed Ban in India Wasiq Agha 5 Sept 2019https://www.bingedaily.in/
This article is authored by Ananya Dubey, Third-Year, B.A. LL.B student Ramaiah Institute of Legal Studies
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