Heady reform: On cannabis use

Synopsis: Implementing UN resolution on cannabis can help sort out some issues and has its own benefits.

Introduction

The recent zeal of the Narcotics Control Bureau (NCB) in dealing with possession of cannabis in India and on the other hand, India’s voting with the majority in the UN to remove cannabis and cannabis resin from the list of most dangerous substances, has contradictions.

What are the laws and rules regarding drugs in India?

‘International Conventions on Narcotic Drugs‘ in December last year, ended a 59-year international regime under which cannabis was classified as a hard drug.

Narcotics Drugs and Psychotropic Substances (NDPS) Act, 1985, whereby possession of cannabis continues to be a crime in India.

The Indian law forbid sale, production, and possession of ganja, the flowering and fruiting tops of the cannabis plant, and charas, the resin (also known as hashish). Interestingly, the NDPS Act excludes the seeds and leaves of the cannabis plant, though these are used in the making of bhang.

What are some issues with present laws?

Bhang, a common and fairly potent intoxicant imbibed during festivals in north India is part of the culture and religion. It is sold in licensed shops in states such as Rajasthan and Uttar Pradesh. Cannabis seeds are also used in several eastern Indian cuisines.

The irony is that though the law has reduced ganja and charas in India to a moral issue, cannabis consumption in all its forms continues unabated.

Ambiguous terms like “conscious possession”, provides executive bodies with discretion to exert itself according to their own interpretations, leading to further victimization of the accused.

What are the reforms needed?

Compassionate approach– Users or Substance dependents should be treated as “victims” and not “addicts” and sent compulsorily to rehab and treatment centres instead of to prison.

In line with the UN resolution, government should decriminalise people in possession of small quantities of drugs for consumption.

What are the benefits of legalizing cannabis use?

– It would free the NCB from exerting itself to define such legally ambiguous terms and focus its attentions on the real problem: The flourishing cross-border trade in heroin that is having such deleterious consequences for the youth in Punjab.

– Legalizing cannabis for recreational use can also bring benefits to tax collection, as seen in case of US’s states like Colorado and Washington.

Source: This post is based on the article “Heady reform” published in “Business Standard” on 25th October 2021.