Revisiting the past notion of Taboos related to Marijuana in India

Introduction 

Marijuana has become a burgeoning industry, especially its usage for recreational purposes in parts of Europe and North America. Though Asia is still lagging, the pandemic acted as a catalyst for the adoption of cannabis. The usage of marijuana received a boost when it became a coping mechanism for citizens during the lockdown, helping them combat stress and anxiety. Interestingly, the historical roots of marijuana date back thousands of years, with the earliest mentions found in The Vedas where it was considered as one of the five sacred plants. At those times it acted as a source of happiness, and joy and a Liberator of stress and anxiety. During the colonial period cannabis was mostly ambivalent but from the late 1980s came decades of damaging drug control policies. This happened because of two reasons; first, our commitment to an International Treaty on Narcotics and second was the pressure by the United States to participate in their war on drugs (where 18 out of the 50 states have legalized the use of cannabis and few others have decriminalized its possession).

In recent years, a lot of governments have realized that they can break in huge tax revenues if the business is fully legalized and competitive prices could wipe out the black market by way of well-thought state regulation. Thailand has been leading the way in Southeast Asia, removing cannabis from its list of narcotics last year, effectively lifting its ban on marijuana. Increased taxed revenue, job growth and investment opportunities have been some of the strongest motivations for the legalization. According to Leafly 2021 job report, cannabis has created over 321,000 full-time American jobs, an increase of 32% over 2020.

Laws Prohibiting the use of Cannabis in India 

The Narcotic Drugs and Psychotropic Substance Act, 1985 in India, acts as the central law dealing with cannabis or marijuana. However different states have framed their laws concerning the consumption, possession or commercial use of weed or marijuana. But in general, in India, possession of these drugs is considered a criminal act and could also lead to some serious legal consequences and even in some instances lead to imprisonment.

Under the NDPS Act, it is illegal for a person to produce, manufacture or cultivate, possess, sell, purchase, transport, store and or consume any narcotic, drug or psychotropic substance. The Narcotics Control Bureau was set up under this act in March 1986. It coordinates with the other department and ministries to fight the illicit traffic of drugs and drug abuse.

Psychotropic substances are chemical substances that act upon the mind affecting the mental state of an individual while narcotics are substances that cause sleepiness, muscular relaxation, and a reduction or elimination of sensitivity. There are more than 70 substances that are banned. Under this act. This includes cannabis, cocaine, heroin, methamphetamine, LSD, opium, MDMA, DMD, etc. The 2014 amendment of this act reduced restrictions on essential narcotic drugs. This includes morphine, fentanyl and methadone. This made it more accessible to use these drugs for pain relief and palliative care.

While all the substances under the NDPS Act are banned, punishment for possession and consumption, production, manufacturing and sale or trafficking is based on the quantity and index. At present, any person who consumes or possesses a narcotic drug or psychotropic substance can be sentenced to imprisonment and be slapped with a fine. Consumption of drugs like cocaine, morphine or heroin attracts rigorous imprisonment of up to one year or a fine of up to ₹20,000 or both. For other drugs, the punishment is imprisonment for up to six months or a fine of up to ₹10,000, or both.

Why cannabis should be legalized in India?

Cannabis and its various derivatives have been illegal in our country since 1985 but despite such stringent rules framed to stop the usage of cannabis, the national capital of India is the third largest consumer of cannabis after New York and Karachi, consuming 38,260 kilos of ganja every year while Mumbai is sixth in the ranking, which consumes 32,380 kilos of the stuff on an annual basis.

Despite the strict rules implemented to curb cannabis usage, it is evident that they have not been successful in achieving their intended goals. A better approach would rather be regulating its supply like an economic commodity instead of conveniently brushing it aside. A lot of research papers suggest the medicinal benefits of marijuana ranging from acting as a relief to chronic pain to potentially treating life-threatening conditions such as epilepsy.

The myth of weed being a gateway to other hard drugs also has no scientific backing. Only 9% of users may develop addiction whereas it is 32% and 15% in the case of alcohol and tobacco.

Another compelling reason for legalizing cannabis is the market share that it holds currently, the total worldwide market of legal and illegal cannabis is around $344 billion. The global market for legal cannabis is expected to reach around $145 billion by 2025. In the Netherlands, marijuana contributes 3.4 billion to its annual GDP. Legalizing marijuana might ease the agrarian crisis in our country and boost our GDP as well. According to reports, 60,000 KGS of hash and 40,000 KGS of opium are produced in Himachal Pradesh alone in a year. Out of that, only 500 kg is seized by the authorities.

This results in a colossal profit to the illegal peddlers and to maximize their profits, peddlers mix a lot of weird chemicals in weed "ganja" and hash "charas" which would be very dangerous to the health of the people. But if it’s legalized, the government can maintain its standard, which will not adversely affect people’s health and at the same boost the state revenue which can be further spent to strengthen the public infrastructure. It’s very important to make a distinction between the legalization, decriminalization and commercialization of marijuana.

While legalization and decriminalization of weed are mostly used in the legal context, the commercialization of weed relates to the business side of it, and this is where our government can make inroads. If our government acts smartly, legalizing weed might just do a lot more good than harm.

Medical Benefits of Marijuana 

The term medical marijuana is the derivative of the cannabis sativa plant which is used to ease the problems caused by certain medical conditions. Marijuana has more than 100 Active components but the least controversial is the extract form of hemp which is known as CBD(Cannabidiol). This particular component has little to no intoxicating effects when consumed, unlike. THC (Tetrahydrocannabinol) causes the high that goes along with marijuana consumption. The CBD dominant strains have the least amount of THC level in them and as a result, patients report very little if any alteration in their consciousness.

Some of the benefits of CBD range from giving relief for Insomnia, anxiety and pain to treating potentially life-threatening conditions such as epilepsy.

Treatment for Cancer: Recent studies found out that it can also help in preventing cell growth and induced cell death in cervical cancer cell lines, and it has numerous anti-cancer effects, which can prevent a variety of cancers, treat tumors and benefit the immuanticonvulsant. It significantly alters seizure activity and is more effective than conventional anticonvulsants. It also helps people who are suffering from PTSD. Marijuana cannabinoids manage the body system that causes fear and anxiety, helping patients forget painful events and form new memories.

Marijuana protects the brain after the stroke: Some reports also state it might help in reducing the size of the area affected by the stroke and lessen the bruising of the brain after a traumatic injury

Eases the pain: A Canadian study found out that Pot’s Active Chemical THC binds the Nerve receptors reducing pain. Marijuana can also reduce pain, suppress nausea and stimulate the appetite. All of these are complications stemming from the harsh chemical used to treat cancer.

Status Quo of Cannabis in Other Countries 

Not only in India but across the globe it is a debate that goes back decades, whether cannabis is an essentially harmless recreational substance, certainly no more dangerous than alcohol or tobacco. Or is it a gateway drug that can have long-term damaging effects, particularly on the young? The answer, at least for lawmakers in some of these countries, seems to be the former rather than the latter. They have voted to legalize the drug, and in some cases decriminalize it. For example, Malta became the first EU member to allow adults to carry up to seven grams of cannabis and grow up to four plants at home.

Similarly in Canada after attaining 18 years of age one can legally possess up to grams of weed in public and even grow four marijuana plants at home.

Even the developing countries now don’t want to get left behind in this race. In South Africa, the Constitutional Court decriminalized the possession, growing and usage of weed by adults in private whereas in Jamaica it is legal to use cannabis for medicinal and religious purposes.

Conclusion and A Way Forward

The countries increasingly legalizing marijuana, whether that’s for its medical use or recreational use, has some potential benefits that may come with that. One, it may help us view marijuana addiction as being more of a public health problem than a criminal justice problem. The other benefit includes the possibility that there are some medical conditions for which the active ingredients within marijuana may be helpful, But one should also not ignore the dangers or risks associated with it. An extremely challenging and important task for Policymakers is to come up with such a framework that checks the perils and potential risks that can come along with it if soon there is a possibility of legalization of marijuana. While it may be okay for some people to use marijuana in a country, adolescents who use it at the same level as an adult run twice as much of a risk of becoming addicted to it. So there should be some sort of regulation and framework put in place to prevent excessive or drug-addicted use of cannabis.

~Authored by Aaditya Singh