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THE CONTROLLED LAW OF UNCOVERD : LEGALIZATION OF MARIJUANA IN INDIA

-SHIVANI VYAS1

ABSTRACT: More and more states have passed laws that allow individuals to use marijuana for medical purposes. There is an ongoing, heated policy debate over whether these laws have increased marijuana use among non-patients.Medical marijuana laws generate significant debates regarding drug policy. For one thing, if marijuana is a complement to hard drugs, then these laws would increase the usage not only of marijuana but also of hard drugs. Legalization of marijuana has always been a debatable topic after the enforcement of Narcotic Drugs and Psychotropic Substances Act, 1985 illegalizing sale and possession of marijuana all over India. This paper aims at drawing a strict analysis of usage of marijuana followed with a comparative study with the rest of the world pin-pointing whether India should legalise marijuana or not.

I think people need to be educated to the fact that marijuana is not a drug. Marijuana is an herb and a flower. God put it here. If he put it here and he wants it to grow, what gives the government the right to say that god is wrong? —Willie Nelson

I. INTRODUCTION

The idea that marijuana is a complement to hard drugs such as cocaine and heroin, or even a gateway to them, is an important but controversial justification for marijuana prohibition that has had a strong influence on India policy.Some empirical evidence suggests that marijuana consumption has increased after medical marijuana legalization. For example, Anderson, Hansen, and Rees (2013) find that the price of high-quality marijuana decreases over time after legalization. Chu (2014) shows that medical marijuana laws are associated with a 10–20% increase in marijuana possession arrests and treatment admissions.2There are places famous for it: Kerala, Meghalaya, Manipur, Kashmir, , , Mysore, even Bihar. It’s illegal and yet its use is widespread. In Odisha, it is relatively more acceptable and easier to procure. is has more than two hundred street names amongst which hashih, , weed, pot, grass etc are the popular ones.Regardless of whether it's babas puffing chillums on the roadside, smoky sanctuaries concealed away from the fundamental drag, impactful wild cannabis developing in the mountains, or (legitimately) sold from grungy openings

1 STUDENT, 2ND YEAR {3RD SEMESTER } B.A.LL.B{HONS.}MANIPAL UNIVERSTY JAIPUR 2Chu, Yu-Wei Luke, Do Medical Marijuana Laws Increase Hard Drug Use? (September 15, 2014). Journal of Law and Economics, Vol. 58, No. 2, 2015. Available at http://dx.doi.org/10.2139/ssrn.2283525

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in the dividers, weed is a necessary piece of India, attempt as the legislature does to deny it. It's no fortuitous event that the Hindu mountains enlivened the name of the well-knownstrain. Cannabis has a long history in India, hidden in legends and religion. The most punctual notice of cannabis has been found in The Vedas, or consecrated Hindu writings. These compositions may have been ordered as ahead of schedule as 2000 to 1400 B.C. As indicated by The Vedas, cannabis was one of five sacrosanct plants and a guardian angel blessed messenger lived in its leaves.Cannabis has been popular in India since the beginning of recorded history and is often taken as a drink. Nuts and spices, like almonds, pistachios, poppy seeds, pepper, ginger and sugar are combined with cannabis and boiled with milk. Yogurt is also used instead of milk.Cannabis or ganja is associated with worship of the Hindu deity Shiva. Bhang is offered to Shiva images, especially on Shivratri festival, a practice still prevailing in majority of the temples in India. 3 In Buddhism, the Fifth Precept is to "abstain from wines, liquors and intoxicants that cause heedlessness, how this applies to cannabis is variously interpreted4

II. USES AND

Cannabis sativa, otherwise called hemp, is a types of the Cannabinaceae group of plants. Cannabis contains the substance compound THC (delta-9 ), which is accepted to be in charge of a large portion of the trademark psychoactive impacts of cannabis that prompts the "high" that is experienced when cannabis is expended. Be that as it may, not all parts of cannabis are psychoactive.According to the United Nations, 158.8 million people around the world use marijuana—more than 3.8% of the planet’s population.According to the 2007 National Survey on Drug Use and Health, 2.1 million people in the US abused marijuana for the first time that year5The effects of inhaled cannabis are felt within minutes, reach their peak in 10 to 30 minutes, and may linger for two or three hours. However, edible cannabis, which may contain higher amount of THC, can take a longer period of time to reach full effect as it must be absorbed from the gastrointestinal tract. The effect of edible cannabis can last up to 12 hours.THC is highly lipid soluble and can be stored in fat cells possibly for several months. Stored THC is released very slowly, and unevenly, back into the bloodstream.Since the early 20th century cannabis has been subject to legal restrictions with the possession, use, and sale of cannabispreparations containing psychoactive currently illegal in most countries of the world especially in India; the United Nations has said that cannabis is the most-used illicit drug in the world.The most common uses for include for severe or long-term pain, nausea and vomiting due to chemotherapy (cancer treatments), and painful muscle spasms. However, there are several medical conditions for which patients can use medical marijuana,

3Report of the Indian Hemp Drugs Commission, India: Government Central Printing House. 1894.http://www.druglibrary.net/schaffer/Library/studies/inhemp/4chapt9.htm. Chapter IX: Social and Religious Custo ms 4Stablein WG. The Mahākālatantra: A Theory of Ritual Blessings and Tantric Medicine. Doctoral Dissertation, Columbia University. 1976 5https://www.marijuana-statistics.com/TitleMarijuana Statistics

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such as amyotrophic, lateral sclerosis, huntington's disease ,inflammatory , bowel disease and multiple sclerosis.6When taken by mouth ,cannabis is possibly unsafe when taken by mouth, long-term and in large amounts. regularly taking large amounts of cannabis over a long period of time might cause a disorder called hyperemesis syndrome.Gateway to drugs theory- This theory states that the use of less deleterious drugs may lead to a future risk of using more dangerous drugs. Cannabis, alcohol and tobacco are attributed to this theory. Some scientific studies show that the consumption of cannabis can possibly predict a significant higher risk for the subsequent use of "harder" illicit drugs, while other studies show that it cannot7In 2006 a counter-study was conducted on rats, in Sweden, which examined the brains of the rats after dosing them with cannabis and found that THC alters the opioid system that is associated with positive emotions, which lessens that effects of opiates on rat’s brain and thus causes them to use more heroin8.A 2012 study conducted by Journal of American Medical Association (JAMA) in corroboration with other studies25 showed that there is no significant relationship between marijuana exposure and impairment of lung function9

III. INDIAN LEGISLATIONS RELATED TO MARIJUANA The greater part of the state restorative weed laws go before 2007 don't legitimately permit pot dispensaries so as to comply with government guidelines in which weed remains. Be that as it may, these laws enable patients to develop weed for their own utilization, and they likewise permit "guardians" (a large portion of whom are patients also) to develop and give weed. to patients on a not-for-profit basis. Some marijuana dispensaries with grey legal status exist, but how prevalent they are largely depends on the attitude of the local government (often at the city level) and the actions of local law enforcement, which could change from time to time. Throwing light in past history of marijuana in India .I t already was legal before 1985 - the growing, selling and smoking all were legal. A whole community used to benefit from growing and selling it just like any other agricultural farmer.Post-1985 India followed the United States and classified the Plant as a Class A narcotics and till date has been harsh with cracking down on big time sellers.On July 27th, 1956, a proposal to control Hindu sadhus and sannyasis was brought to the Indian Lok Sabha (the Lower House of the Indian parliament). The rationale behind this legislation was that the behavior of sadhus and sannyasis was becoming more sinful, and that their life style was becoming more contrary to the interests of society at large.The 1961 international treaty Single Convention on

6Drugs.com. (2019). Cannabis: Uses (Medical), Effects & Warnings - Drugs.com. [online] Available at: https://www.drugs.com/illicit/cannabis.html [Accessed 21 Aug. 2019] 7Srikameswaran, Anita (2006-12-05). "Researchers say smoking pot not always path to hard drugs drug use". Pittsburgh Post-Gazette. 8Ellgren, Maria; Spano, Sabrina M; Hurd, Yasmin L (2006)."Adolescent Cannabis Exposure Alters Opiate Intake and Opioid Limbic Neuronal Populations in Adult Rats".Neuropsychopharmacology 32 (3): 607–15. 9 "Study finds no cancer-marijuana connection". Washingtonpost.com. 2006-05-25.

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Narcotic Drugs clubbed cannabis with hard drugs. During the negotiations, the Indian delegation opposed its intolerance to the social and religious customs of India ,and the final draft of the treaty defined cannabis10 Bhang was in this manner forgotten about from the meaning of "cannabis". This enabled India to carry on the custom of huge scale utilization of bhang during . The bargain additionally allowed India 25 years to cinch down on recreational medications. Towards the part of the arrangement time frame, the Indian government passed the Narcotic Drugs and Psychtotropic Substances Act in 1985. The NDPS kept up a similar meaning of "cannabis", barring bhang from its domain.11 .In 2015, the first organized efforts to re-legalise cannabis in India appeared, with the holding of medical marijuana conferences in Bengaluru, Pune, and Delhi by the Great Indian Legalisation Movement. As a compromise, the Indian Government promised to limit the export of Indian hemp In 2016 there was a bill passed on to the parliament for authorizing the supply of Opium and Weed in India (Bill for a sanctioned supply of opium, pot cleared for Parliament) Additionally a great deal of MP's, Political gatherings are gradually moving on the side of legitimization while we have a colossal network of smokers meeting up and marking the appeal.In , The Assam Ganja and Bhang Prohibition Act, 1958, prohibits sale, purchase, possession and consumption of ganja and bhang. In , Section 66(1)(b) of the Bombay Prohibition (BP) Act, 1949, bans manufacture, possession and consumption of bhang and bhang-containing substances without a license.Illegal cultivation cannabis () is an offence under the NDPS Act. Anyone cultivating cannabis for any purpose other than medical and scientific purposes is liable under Section 20 which states that cultivation or production or sell or purchase ganja will amount to five years of imprisonment with a fine extending to fifty thousand rupees; and for any other forms of cannabis other than ganja will lead to minimum ten years of imprisonment with a fine extending to one lakh rupees. Also the court has the discretion, based on reasonable justification, to impose a fine exceeding two lakh rupees12If someone is caught with commercial quantities (1 kg for and , 20 kgs of ganja), the court can serve a stern imprisonment for up to twenty years and pay a fine of two lakh rupees.Courts also at their own discretion can penalize a regular offender for a 30- yearimprisonment term. It is also not compulsory to give away a mandatory death sentence for repeated convictions in cases of trafficking large quantities of drugs.In the case of Arjun Singh v State of Haryana13, the Chandigarh High Court stated that considering the NDPS Act, bhang is not ―cannabis (hemp)‖ under the act, but it is a ―cannabis plant.‖ Under the limitations of the law, it’s therefore not illegal to consume cannabis leaves, but production of a plant is illegal.The obstacle punitive arrangements of the NDPS Act, 1985 and other authoritative, regulatory what's more, preventive measures were discovered lacking to control

10Commentary on the Single Convention on Narcotic Drugs, 1961: Paragraph I, subparagrah (b). 11NDPS Act, 1985: I.2.iii 12See sec. 20 NDPS Act, 1985 13 civil writ petition no. 844 of 2014

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the illegal travel traffic in medications. It was, accordingly, felt that a preventive detainment law ought to be ordered with a view to successfully immobilize people occupied with any sort of illcit traffic in opiate drugs and psychotropic substances. To accomplish this goal the President proclaimed the Prevention of Illicit Traffic in Opiate Drugs and Psychotropic Substances Ordinance on fourth July,1988.34 in light of the UN Show and SAARC Convention of 1988.14

IV. INTERNATIONAL STATUS OF MARIJUANA Portugal was the first nation on the planet to decriminalize the utilization of each medication. They consider medicate clients as wiped out as opposed to offenders. Utilization is decriminalized up to 25g for weed, 5g for hash and 2.5g for THC oil. In Netherlands, the drugs are classified in two categories – hard drugs and soft drugs, where cannabis is classified under soft drugs. Consumption of soft drug for personal use has no active prosecution.Consumption of hard drugs is restricted in Netherlands. The sale of cannabis in small amount is allowed only by licensed coffee shops15.In Switzerland the status of cannabis is decriminalized.Cannabis is illegal to possess, consume or distribute. However, usually only the minimum penalty is imposed for possession and personal use, even for larger amounts. In 2012, the cantons Vaud, Neuchatel, Geneva and Fribourg have allowed the growing and cultivation of up to 4 cannabis plants per person, in an attempt to curb illegal street trafficking16 When taking about Japan the status of cannabis is Illegal, Possession is punishable by up to five years in prison. Importing or selling cannabis is punishable by up to 10 years imprisonment and up to 30 million yen.17Pakistanlegal status on cannabis is andisputed stand. Laws prohibiting the sale and misuse of cannabis exist, but are very rarely enforced. As with hash, the occasional use of cannabis in community gatherings is broadly tolerated as a centuries old custom. The open use of cannabis by Sufis and as a means to induce euphoria has never been challenged by the state. Further, large tracts of cannabis.18

V. WHY SHOULD INDIA LEGALIZE MARIJUANA The assistance of neighborhood individuals – In states like Himachal Pradesh and Tamil Nadu, where cannabis plants develop, and weed is the main wellspring of salary for some local people. Be that as it may, being a prohibited substance, the ranchers are compelled to offer it at an exceptionally low cost to the street pharmacists, and they face extra weight from the police, who are paid to demolish the cannabis estates. Sanctioning pot will end this 'war on medications' focusing on our kinsmen.Indian laws should follow the example set by the

14Dasgupta, Shayan, Legalization of Marijuana in India (May 6, 2013). 15EMCDDA: National Report 2007: Netherlands. 16Ian Sparks (2011-11-17), Swiss cannabis smokers to be allowed to grow four marijuana plants each (to stop them buying drugs illegally), Dailymail.co.uk 17Information on the official website of the Japan Narcotics department. Nco.gv.jp. 18Cannabis legal status vault - Pakistan/Peshawar, Erowid.org.

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Dutch laws of Netherlands that have decriminalized personal use of drugs and they have seen an impressive result. The Dutch experience, together with those of a few other countries with more modest policy changes, provides a moderately good empirical case that removal of criminal prohibitions on cannabis possession (decriminalization) will not increase the prevalence of marijuana or any other illicit drug; the argument for decriminalization is thus strong19Well as per the investigation of universal laws and their result, decriminalization of weed would be valuable for India. It's an ideal opportunity to understand that the harder we push the more we channel our vitality.It's not the first run through when pot is being created Narcotic Drugs and Psychotropic Substances Act in our nation it's there since old period and utilization of bhang during bubbly seasons in any case make it harder to check its use.It's found that one among the vital activities of those medications is to calm and stun the individual, so there's no propensity of savagery, just like the equivalent in instances of alcoholic inebriation. Consequently, we can say that approval of cannabis can encourage in the supervision of medication wars and other crimes.Having a strict drug policy in India has not brought any significant change in reducing drug rackets or hard drugs usage. This policy was made amidst the rising support of international conventions by USA and other countries, which has brought about futile results. In fact, the data provide no evidence that strict cannabis laws in the United States provide protective effects compared to the similarly restrictive but less vigorously enforced laws in place in Canada, and the regulated access approach in the Netherlands20

VI. RECOMMENDATION AND CONCLUSION A couple of the suggestions for future guideline of laws if cannabis gets decriminalized.Government should fix an age for utilize recreational pot as 25 years is the legitimate age to devour liquor, a similar kind of thing ought to be done here moreover.Quality control and potency of marijuana should be strictly regulated by the state, and the potency of the product is made publicly available to the consumer. The potency level should be fixed after medical consultationsState government should make it obligatory to give a card to each buyer as per the age fixed. .The passage ought to be made on each buy of weed by the merchant.The sale of the produce from these licensed producers should be regulated by the state government by setting up licensed retail stores (liquor stores, restaurants, bars, package stores, etc.21Legalization of marijuana will save time and effort spent by our government on a petty drug such as marijuana, which could be effectively utilized towards more serious and dangerous drugs such as heroin, cocaine etc.Hence, we can conclude that legalizing marijuana will anyway save time and efforts of the government. If marijuana is provided in a limited quantity, it will help in lessening its consumption.

19. MacCoun and P. Reuter. 2001. Evaluating alternative cannabis regimes. British Journal of Psychiatry 178: 123- 128 20International Journal of Drug Policy, 2007. 21Working to reform Marijuana Laws, norml.com.

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Marijuana is comparatively less destructive than other serious drugs such as heroin, cocaine, LSD, etc.

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