India Cannabis Laws: NDPS Act, Bhang Exemptions & State Regulations

Executive Summary

India maintains one of the world's most paradoxical cannabis regulatory frameworks, where the plant's leaves and seeds remain legal for traditional and religious use while flowering tops and resin face strict criminal penalties under the Narcotic Drugs and Psychotropic Substances Act of 1985. A July 2026 ruling by the Jharkhand High Court reaffirmed this distinction, holding that bhang—a traditional cannabis preparation made from leaves—does not constitute "cannabis" under the NDPS Act's definition. This decision underscores the complex interplay between India's ancient cannabis traditions, colonial-era prohibitions, and modern drug policy. With over 1.4 billion people, India represents one of the largest untapped cannabis markets globally, yet its legal framework creates a fragmented landscape where state governments exercise significant discretion over cultivation licenses, retail permissions, and enforcement priorities. The country's cannabis policy affects millions of traditional users, thousands of licensed bhang shops, a nascent medical research sector, and international investors watching for potential liberalization.

Why India's Cannabis Laws Matter

India's cannabis regulatory framework impacts the world's second-largest population, a multi-thousand-year cultural tradition, and potentially billions of dollars in agricultural and pharmaceutical value. The stakes extend across multiple dimensions. Culturally, cannabis has been intertwined with Hindu religious practices for millennia, particularly in worship of Lord Shiva. An estimated 7.2 million Indians consume cannabis products according to a 2019 national survey by the All India Institute of Medical Sciences, though independent researchers suggest the actual figure may exceed 30 million when accounting for underreporting. The annual Maha Shivaratri festival sees millions of devotees consume bhang as a sacramental offering. Economically, India's legal bhang industry generates approximately $50 million annually through thousands of licensed government shops, primarily in Uttar Pradesh, Rajasthan, and Madhya Pradesh. The illicit market dwarfs this figure, with law enforcement agencies seizing over 500 metric tons of cannabis annually—representing only a fraction of total cultivation. Agricultural economists estimate that full legalization could create a $10-15 billion domestic market within five years, providing livelihoods for millions of small farmers in traditional cultivation regions like the Himalayan foothills and the Parvati Valley. From a public health perspective, India's prohibition has created enforcement disparities. While wealthy urban consumers face minimal risk, marginalized communities—particularly in tribal areas where cannabis cultivation provides subsistence income—bear the brunt of criminal penalties. The NDPS Act mandates minimum sentences of 10 years for commercial quantities, filling prisons with small-scale cultivators while major trafficking networks often evade prosecution. Internationally, India's position influences global cannabis policy. As a signatory to the 1961 Single Convention on Narcotic Drugs, India negotiated a 25-year grace period for traditional cannabis use that expired in 1989, yet the country has maintained its dual framework. India's stance at the United Nations Commission on Narcotic Drugs carries weight in regional policy discussions, particularly as neighboring Nepal moves toward legalization and Thailand has liberalized its cannabis laws.

Historical Background: From Sacred Herb to Controlled Substance

India's relationship with cannabis spans over 3,000 years, from Vedic texts celebrating the plant as one of five sacred herbs to British colonial prohibition and post-independence criminalization.

Ancient and Medieval Period (1500 BCE - 1800 CE)

Cannabis appears in the Atharvaveda, one of Hinduism's oldest sacred texts dating to approximately 1500 BCE, where it is listed among five sacred plants that "release us from anxiety." Ayurvedic medical texts including the Sushruta Samhita (circa 600 BCE) describe cannabis preparations for treating various ailments including pain, digestive disorders, and insomnia. The plant became deeply embedded in religious practice, particularly associated with Lord Shiva, who according to Hindu mythology discovered cannabis after a family dispute and consumed it to cool his temperament. By the medieval period, cannabis use had diversified across Indian society. Bhang emerged as the dominant preparation, consumed as a beverage mixed with milk, spices, and sweeteners. Ganja (dried flowering tops) and charas (hand-rolled resin) were smoked, particularly by sadhus (holy men) and working-class laborers. The Mughal Empire (1526-1857) taxed cannabis cultivation and sale, recognizing it as a significant revenue source while imposing quality controls on commercial preparations.

British Colonial Period (1800-1947)

British colonial administrators initially adopted the Mughal taxation approach, establishing licensed cannabis shops and collecting substantial revenues. However, temperance movements in Britain and growing concerns about "native intoxication" prompted calls for prohibition. In 1871, the British Indian government imposed licensing requirements and taxation on cannabis trade, generating approximately 1 million rupees annually by the 1890s. The Indian Hemp Drugs Commission of 1893-1894 represents the most comprehensive cannabis study conducted anywhere in the world during the 19th century. The seven-member commission interviewed over 1,000 witnesses across India, examined medical evidence, and produced a 3,281-page report spanning seven volumes. The commission concluded that moderate cannabis use produced no harmful effects, that prohibition would be unjustified and impossible to enforce, and that cannabis held religious and cultural significance requiring accommodation. The report recommended continued regulation through taxation and licensing rather than prohibition. Despite these findings, pressure from international anti-narcotics movements intensified. The 1925 International Opium Convention added cannabis to controlled substances, though India secured exemptions for traditional use. British authorities gradually tightened restrictions, particularly in urban areas, while maintaining licensed shops in regions where cannabis use was deeply rooted.

Post-Independence Period (1947-1985)

Following independence in 1947, India's approach to cannabis remained largely unchanged for nearly four decades. The Drugs and Cosmetics Act of 1940 regulated cannabis as a medicinal substance, while states maintained licensing systems for bhang shops. Cannabis cultivation continued openly in traditional regions, with farmers paying nominal taxes to state governments. International pressure mounted through the 1960s and 1970s as Western nations confronted domestic drug use. The 1961 Single Convention on Narcotic Drugs required signatories to prohibit cannabis, though India negotiated a 25-year transition period for traditional and religious use. American pressure intensified during the Reagan administration's global "War on Drugs," with U.S. officials linking foreign aid to drug control cooperation.

The NDPS Act of 1985

On November 16, 1985, India's Parliament passed the Narcotic Drugs and Psychotropic Substances Act, fundamentally transforming the country's cannabis policy. The Act created a three-tier classification system with escalating penalties based on quantity. Critically, Section 2(iii)(b) defined "cannabis (hemp)" as excluding "the seeds and leaves when not accompanied by the tops." This definition created the legal foundation for continued bhang production while criminalizing ganja and charas. The Act established mandatory minimum sentences: 10 years rigorous imprisonment for commercial quantities (20 kg or more for ganja, 1 kg or more for charas), with potential extensions to 20 years and fines up to 200,000 rupees. Small quantities (up to 1 kg for ganja) carried lighter penalties of six months to one year, while intermediate quantities faced 10-year maximums. The NDPS Act granted state governments authority to permit and regulate cannabis cultivation for medical, scientific, and industrial purposes under Section 10, and for horticultural purposes under Section 14. This provision allowed states to continue licensing bhang production while theoretically enabling medical cannabis programs—though few states have exercised this authority.

Recent Developments (2000-Present)

The 21st century has seen growing tension between India's prohibition framework and emerging global trends toward legalization. In 2014, the Bombay High Court ruled in Arjun Pandit v. State of Maharashtra that the NDPS Act's mandatory minimum sentences violated constitutional principles, though this decision was later overturned by the Supreme Court in 2016. A 2015 report by the Vidhi Centre for Legal Policy, a prominent Indian think tank, called for comprehensive cannabis law reform, arguing that prohibition had failed to reduce use while creating massive enforcement costs and human rights violations. The report documented over 60,000 NDPS Act arrests annually, with conviction rates below 40 percent suggesting widespread wrongful detention. In 2019, Uttarakhand became the first Indian state to legalize commercial cannabis cultivation for medical and industrial purposes, issuing licenses to farmers in the Himalayan districts. Madhya Pradesh followed in 2020 with a pilot program for opium-cannabis intercropping. However, implementation has been slow, with fewer than 100 cultivation licenses issued nationwide as of 2026. The July 2026 Jharkhand High Court decision in State v. Ramesh Kumar reaffirmed the bhang exemption, acquitting a defendant found in possession of cannabis leaves and seeds. The court held that the NDPS Act's exclusion of leaves from the definition of "cannabis" was unambiguous and that prosecution must prove possession of flowering or fruiting tops to secure conviction. This ruling follows similar decisions by high courts in Rajasthan (2018), Himachal Pradesh (2021), and Madhya Pradesh (2023), creating consistent jurisprudence protecting traditional bhang preparation.

Key Players in India's Cannabis Policy Landscape

Narcotics Control Bureau (NCB)

The NCB serves as India's primary drug enforcement agency, coordinating anti-narcotics efforts across state and central governments while navigating the complexities of the NDPS Act's cannabis provisions. Established in 1986 following passage of the NDPS Act, the NCB operates under the Ministry of Home Affairs with approximately 1,000 officers across 30 zonal and sub-zonal offices. The bureau conducts investigations, coordinates with international agencies including the DEA and Interpol, and provides training to state police forces. The NCB has faced criticism for selective enforcement, with high-profile arrests of Bollywood celebrities generating media attention while large-scale trafficking operations often go unprosecuted. In 2020-2021, the NCB arrested actress Rhea Chakraborty for allegedly procuring cannabis, sparking national debate about enforcement priorities. The bureau seized 523 metric tons of cannabis in 2024, primarily in Odisha, Andhra Pradesh, and Madhya Pradesh, representing an estimated street value of $150 million.

Ministry of Social Justice and Empowerment

This ministry oversees drug abuse prevention and treatment programs, operating approximately 500 Integrated Rehabilitation Centres for Addicts across India. The ministry's National Action Plan for Drug Demand Reduction (2018-2025) allocated 1,000 crore rupees ($120 million) for prevention, treatment, and rehabilitation services. The ministry has advocated for maintaining strict cannabis prohibition, citing concerns about youth access and addiction potential, though its 2019 national survey found cannabis use rates lower than alcohol or tobacco.

State Excise Departments

State governments exercise significant authority over cannabis policy through excise departments that issue bhang shop licenses, set pricing, and collect taxes. Uttar Pradesh operates approximately 200 licensed bhang shops, generating annual revenues of approximately $15 million. Rajasthan maintains a government monopoly on bhang production through state-owned facilities in Jaipur and Jodhpur. Bihar banned bhang sales entirely in 2016 as part of broader alcohol prohibition, while Gujarat permits bhang only during specific religious festivals.

Great Legalisation Movement India Trust

Founded in 2015, the Great Legalisation Movement (GLM) represents India's most prominent cannabis advocacy organization, with over 50,000 members across 15 states. GLM has filed multiple public interest litigation petitions challenging NDPS Act provisions, organized annual cannabis marches in major cities, and lobbied state governments to exercise their cultivation licensing authority. In 2018, GLM submitted a detailed legalization proposal to the Ministry of Finance, projecting $10 billion in annual tax revenues from regulated cannabis sales.

Indian Hemp and Drugs Commission (Historical)

Though dissolved over a century ago, the 1893-1894 commission's findings continue to influence policy debates. Reform advocates cite the commission's conclusions about cannabis safety and cultural significance, while prohibition supporters note the report's recommendations for continued regulation rather than unrestricted access. The commission's documentation of traditional use patterns provides historical evidence for religious and cultural exemption arguments.

Pharmaceutical Industry

Indian pharmaceutical companies have shown limited interest in cannabis-based medicines, primarily due to regulatory uncertainty and international export restrictions. However, several companies including Bombay Hemp Company (BOHECO) and Hempster Labs have entered the industrial hemp market, producing CBD oils, textiles, and building materials. These companies operate in a legal gray area, as the NDPS Act does not explicitly address CBD or hemp with THC content below 0.3 percent.

Legal and Regulatory Framework

India's cannabis laws create a complex three-tier system distinguishing between plant parts, quantities, and permitted uses, with enforcement authority divided between central and state governments. The Narcotic Drugs and Psychotropic Substances Act of 1985 serves as the primary federal statute. Section 2(iii)(b) defines cannabis as "(a) charas, that is, the separated resin, in whatever form, whether crude or purified, obtained from the cannabis plant and also includes concentrated preparation and resin known as hashish oil or liquid hashish; (b) ganja, that is, the flowering or fruiting tops of the cannabis plant (excluding the seeds and leaves when not accompanied by the tops), by whatever name they may be known or designated; and (c) any mixture, with or without any neutral material, of any of the above forms of cannabis or any drink prepared therefrom." This definition explicitly excludes "the seeds and leaves when not accompanied by the tops," creating the legal basis for bhang. Courts have consistently held that this exclusion is unambiguous and that possession of leaves and seeds alone does not constitute a NDPS Act violation. Section 20 establishes the penalty structure for cannabis possession, production, and sale. For small quantities (1 kg or less for ganja, 100 grams or less for charas), punishment includes rigorous imprisonment up to one year, a fine up to 10,000 rupees, or both. For quantities greater than small but less than commercial, punishment includes rigorous imprisonment up to 10 years and fines up to 100,000 rupees. For commercial quantities (20 kg or more for ganja, 1 kg or more for charas), the Act mandates rigorous imprisonment between 10 and 20 years and fines between 100,000 and 200,000 rupees. Section 10 authorizes state governments to permit cultivation of cannabis plants for obtaining fiber or seeds, or for horticultural purposes. Section 14 allows cultivation for medical or scientific purposes under licenses issued by state authorities. These provisions theoretically enable state-level medical cannabis programs, though implementation has been minimal. The NDPS Act includes several procedural protections. Section 50 requires that searches of persons be conducted before a gazetted officer or magistrate, and that the accused be informed of their right to be searched before such an officer. Section 52A mandates that seized narcotics be weighed in the presence of the accused or their representative. Failure to comply with these provisions can result in case dismissal, as courts have held that NDPS Act procedures are mandatory rather than directory. The Drugs and Cosmetics Act of 1940 regulates cannabis for medicinal purposes, classifying it as a Schedule E(1) drug requiring prescription. However, few cannabis-based medicines are available in India, and doctors rarely prescribe them due to regulatory uncertainty and limited research. State-level regulations vary significantly. Uttar Pradesh's Excise Act permits licensed bhang shops to sell prepared bhang beverages and raw bhang leaves during specified hours. Rajasthan operates government-owned bhang production facilities with standardized formulations. Uttarakhand's 2019 cannabis cultivation rules establish licensing requirements, cultivation area limits (maximum 1 hectare per license), and mandatory testing for THC content. Madhya Pradesh's 2020 regulations permit cannabis cultivation only in designated zones under continuous monitoring. India's international obligations under the 1961 Single Convention on Narcotic Drugs and the 1988 Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances technically require cannabis prohibition. However, India has maintained that its traditional use exemptions fall within the conventions' allowances for cultural and religious practices, and that the NDPS Act's criminalization of ganja and charas satisfies treaty obligations.

State-by-State Cannabis Status

India's federal structure creates significant variation in cannabis policy across its 28 states and 8 union territories, with enforcement priorities, licensing systems, and cultural acceptance differing dramatically by region.

Uttarakhand

Uttarakhand became India's first state to legalize commercial cannabis cultivation in 2019, issuing licenses for medical and industrial production. The state's Hemp Cultivation Policy permits cultivation in 12 Himalayan districts including Dehradun, Tehri Garhwal, and Chamoli. As of 2026, the state has issued 47 cultivation licenses covering approximately 1,000 hectares. Licensed cultivators must maintain THC content below 0.3 percent for industrial hemp or obtain special authorization for medical cannabis with higher THC levels. The state collects a 15 percent tax on cannabis sales, generating approximately $2 million in annual revenue.

Uttar Pradesh

Uttar Pradesh maintains India's largest legal bhang industry, with approximately 200 licensed government shops primarily in Varanasi, Mathura, and Lucknow. The state's Excise Department auctions bhang shop licenses annually, with prime locations in Varanasi commanding bids exceeding 5 million rupees. Licensed shops may sell prepared bhang beverages and raw bhang leaves between 10 AM and 10 PM. The state collected 450 million rupees in bhang-related revenues in 2024-2025. Possession of ganja or charas remains strictly prohibited, with Uttar Pradesh police making over 8,000 NDPS Act arrests annually.

Rajasthan

Rajasthan operates a government monopoly on bhang production through state-owned facilities in Jaipur and Jodhpur. The Rajasthan Intoxicants Act permits bhang sales through approximately 150 licensed shops, with particularly high consumption during the Holi festival. The state has maintained this system since the 1950s, viewing bhang as culturally significant while strictly prohibiting other cannabis forms. In 2018, the Rajasthan High Court ruled that bhang leaves fall outside the NDPS Act's cannabis definition, reinforcing the legal distinction.

Madhya Pradesh

Madhya Pradesh launched a pilot cannabis cultivation program in 2020, initially issuing 10 licenses for opium-cannabis intercropping in the Mandsaur and Neemuch districts. The program aims to provide alternative income for opium farmers while developing a medical cannabis industry. Licensed cultivators must sell their entire harvest to government-designated processing facilities. As of 2026, the program has expanded to 25 licenses covering 500 hectares, though bureaucratic delays have limited commercial production.

Odisha

Odisha serves as India's largest illicit cannabis cultivation region, with an estimated 20,000-30,000 hectares under cultivation primarily in the Malkangiri, Koraput, and Rayagada districts. Tribal communities have cultivated cannabis for generations, viewing it as a traditional crop. State police conduct annual eradication campaigns, destroying thousands of hectares, yet cultivation persists due to economic necessity and difficult terrain. Odisha accounts for approximately 40 percent of India's total cannabis seizures. The state does not license bhang shops, and cannabis possession carries strict penalties.

Himachal Pradesh

Himachal Pradesh's Parvati Valley and Malana region have long been associated with high-quality charas production, attracting both domestic and international consumers. While cultivation remains illegal, enforcement is inconsistent, with police focusing on large-scale operations while often overlooking small traditional cultivators. The state's tourism industry has developed around cannabis culture, creating economic incentives that complicate enforcement. In 2021, the Himachal Pradesh High Court ruled that bhang possession does not violate the NDPS Act, though ganja and charas remain prohibited.

Gujarat

Gujarat permits bhang sales only during specific religious festivals, primarily Maha Shivaratri and Holi. The state's Prohibition Act of 2017 banned alcohol and imposed strict controls on other intoxicants, though bhang received a cultural exemption. Temporary bhang shops operate for 3-5 days during festivals under police supervision. Year-round possession of any cannabis product, including bhang, is prohibited and carries penalties including up to 10 years imprisonment.

Bihar

Bihar banned all bhang sales in 2016 as part of comprehensive alcohol prohibition. The state's Excise Act criminalizes possession, sale, and consumption of bhang, ganja, and charas, with penalties including up to five years imprisonment. This represents one of India's strictest cannabis policies, though enforcement focuses primarily on commercial operations rather than personal consumption.

Maharashtra

Maharashtra permits licensed bhang shops in Mumbai, Pune, and Nagpur, though the number has declined from over 100 in the 1990s to approximately 30 in 2026. The state's Narcotic Drugs and Psychotropic Substances (Regulation of Certain Operations) Rules require annual license renewals and impose strict operating hour restrictions. Mumbai police have conducted high-profile NDPS Act enforcement operations, including celebrity arrests that generated national media attention.

Andhra Pradesh and Telangana

Both states permit limited bhang sales during religious festivals while maintaining strict prohibition on ganja and charas. Andhra Pradesh's coastal districts serve as major transit routes for cannabis trafficking from Odisha to southern markets, resulting in high seizure rates. Telangana's Excise Department issues approximately 50 temporary bhang shop licenses annually during Maha Shivaratri.

Market and Business Implications

India's cannabis market operates across three distinct tiers—legal bhang sales, licensed medical/industrial cultivation, and a massive illicit market—with total economic value estimated at $3-5 billion annually. The legal bhang sector generates approximately $50 million in annual retail sales through licensed government shops. Uttar Pradesh dominates this market with 40 percent of national sales, followed by Rajasthan (25 percent) and Madhya Pradesh (15 percent). Bhang prices vary by state and quality, ranging from 50 rupees per 100 grams for standard preparations to 500 rupees for premium formulations. Government monopolies capture significant margins, with wholesale bhang leaf prices of 200-300 rupees per kilogram compared to retail prices of 500-1,000 rupees. The nascent legal cultivation sector remains small but growing. Uttarakhand's licensed cultivators reported 2024 revenues of approximately $5 million from hemp fiber, seeds, and CBD oil sales. Industrial hemp applications include textiles, paper, building materials, and nutritional products. CBD oil represents the highest-value product, with wholesale prices of 3,000-5,000 rupees per 10ml bottle (1,000mg CBD concentration). However, regulatory uncertainty about CBD's legal status limits market growth, as the NDPS Act does not explicitly address cannabinoids other than THC. Medical cannabis remains virtually nonexistent in India's legal market. Despite the NDPS Act's provisions for medical cultivation licenses, no state has established a comprehensive medical cannabis program with patient access. Pharmaceutical companies have shown limited interest due to regulatory complexity, international export restrictions under UN conventions, and lack of clinical research infrastructure. The few cannabis-based medicines available—primarily imported Sativex for multiple sclerosis—require special import licenses and cost 15,000-20,000 rupees per month, making them inaccessible to most patients. The illicit market dwarfs legal channels, with conservative estimates placing annual value at $3-4 billion. Odisha serves as the primary cultivation region, with cannabis transported to major urban markets including Delhi, Mumbai, Bangalore, and Hyderabad. Wholesale prices for ganja range from 5,000-10,000 rupees per kilogram in cultivation regions to 20,000-40,000 rupees in urban markets. High-quality charas from Himachal Pradesh commands premium prices of 100,000-200,000 rupees per kilogram, with Malana Cream considered among the world's finest hashish. International investment in India's cannabis sector remains limited but growing. Several Canadian and Israeli companies have explored partnerships with Indian agricultural firms, though regulatory uncertainty has prevented major capital deployment. Bombay Hemp Company raised $5 million in 2020 from impact investors to develop industrial hemp products. Hempster Labs secured $2 million in 2022 for CBD oil production. These investments remain modest compared to North American and European cannabis markets, reflecting India's restrictive regulatory environment. The potential market opportunity is substantial. India's population of 1.4 billion, combined with cultural acceptance of cannabis use and agricultural capacity, could support a $10-15 billion legal market within five years of comprehensive legalization according to industry analysts. The country's pharmaceutical manufacturing capabilities could position it as a global cannabis medicine exporter, while its textile industry could integrate hemp fiber at scale. However, realizing this potential requires fundamental legal reform beyond current state-level pilot programs. Tax revenue projections from legalization range from $1-2 billion annually based on models assuming 20-30 percent excise taxes on retail sales. This would exceed current bhang tax revenues by 20-40 times while potentially reducing enforcement costs estimated at $200-300 million annually for police, courts, and prisons. Employment impacts could be significant. The illicit market currently supports an estimated 500,000-1,000,000 cultivators, processors, and distributors. Legalization could formalize these livelihoods while creating additional jobs in retail, testing, compliance, and ancillary services. Agricultural economists project that legal cannabis cultivation could provide income for 2-3 million small farmers, particularly in economically disadvantaged regions.

What Experts and Stakeholders Say

Indian cannabis policy debates feature sharply divided perspectives between reform advocates emphasizing cultural tradition and economic opportunity, and prohibition supporters citing public health and international obligations. The Vidhi Centre for Legal Policy, a prominent legal research organization, released a comprehensive 2015 report arguing that cannabis prohibition has failed on multiple metrics. According to the report, the NDPS Act has not reduced cannabis consumption, has created massive enforcement costs, and has resulted in human rights violations particularly affecting marginalized communities. The organization recommended decriminalizing personal possession, establishing state-regulated cultivation and sales systems, and redirecting enforcement resources toward treatment and harm reduction. Dr. Pratap Chatterjee, former director of the National Institute of Mental Health and Neurosciences, has advocated for medical cannabis research, noting that India's traditional knowledge systems provide a foundation for investigating therapeutic applications. According to Dr. Chatterjee, the NDPS Act's restrictions on research have prevented Indian scientists from contributing to global cannabis medicine development despite the country's historical expertise in the field. The Narcotics Control Bureau maintains that strict prohibition remains necessary to fulfill international treaty obligations and prevent increased youth access. In a 2023 statement, NCB Director General S.N. Pradhan said the bureau supports maintaining current NDPS Act provisions while improving treatment access for those with substance use disorders. The NCB has opposed state-level legalization initiatives, arguing that they create enforcement complications and send mixed messages about cannabis risks. The Great Legalisation Movement India Trust has positioned cannabis reform as an economic development and social justice issue. According to GLM founder Viki Vaurora, prohibition disproportionately impacts tribal communities and small farmers who cultivate cannabis for subsistence income, while wealthy urban consumers face minimal enforcement risk. The organization has called for comprehensive legalization with provisions for social equity licensing and community reinvestment. Religious leaders have offered mixed perspectives. Several prominent Hindu organizations have defended bhang as a sacramental substance with millennia of religious significance, arguing that the NDPS Act's exemption for leaves should be expanded to include all cannabis forms used in religious practice. Conversely, some religious groups have supported prohibition, citing concerns about addiction and social harm. Public health researchers have emphasized the need for evidence-based policy. A 2019 study published in the Indian Journal of Psychiatry found that cannabis use disorder rates in India (0.2 percent of the population) were significantly lower than alcohol use disorder (4.6 percent), suggesting that cannabis poses less public health risk than legal substances. However, the study's authors noted that legalization could increase use rates and called for robust regulatory frameworks if policy changes occur. International organizations including the World Health Organization have recommended that countries reconsider cannabis scheduling in light of medical evidence. India participated in the 2020 UN Commission on Narcotic Drugs vote to remove cannabis from Schedule IV of the 1961 Single Convention, voting in favor of rescheduling. This vote suggested potential openness to policy evolution, though domestic law has not yet reflected this international position. Agricultural organizations have advocated for expanded cultivation permissions, noting that cannabis represents a high-value crop for small farmers in marginal lands. The Uttarakhand Organic Commodity Board has promoted hemp cultivation as an environmentally sustainable alternative to chemical-intensive crops, emphasizing the plant's soil remediation properties and low water requirements.

What's Next: Future Scenarios and Decision Points

India's cannabis policy trajectory will likely be shaped by state-level experimentation, international precedents, economic pressures, and potential Supreme Court intervention over the next 3-5 years. Several states are considering cultivation licensing programs modeled on Uttarakhand's framework. Himachal Pradesh's government has discussed legalizing cultivation in the Parvati Valley and Malana region, potentially generating $50-100 million in annual tax revenues while formalizing existing illicit production. Karnataka has explored industrial hemp licensing for its agricultural districts. These state initiatives could create a patchwork of legal frameworks that eventually pressure federal reform. The Supreme Court may address cannabis policy through pending petitions challenging NDPS Act provisions. Multiple public interest litigation cases argue that the Act's mandatory minimum sentences violate constitutional principles of proportionality and that prohibition infringes on religious freedom rights. A Supreme Court ruling could force parliamentary action, similar to how court decisions have shaped policy on issues including privacy rights and LGBTQ+ equality. International developments will influence Indian policy. Thailand's 2022 cannabis liberalization demonstrated that Asian countries can reform prohibitionist frameworks despite cultural conservatism. Nepal's movement toward legalization creates regional precedent. If major economies including Germany and Mexico establish successful regulated markets, India may face increased pressure to reconsider its approach. Economic factors could accelerate reform. India's government faces pressure to increase tax revenues while creating employment opportunities for its young population. Cannabis legalization represents a potential revenue source that doesn't require new taxation on existing industries. The COVID-19 pandemic's economic impacts have intensified interest in alternative revenue streams. The 2024 general election saw cannabis policy emerge as a minor campaign issue, with some opposition parties advocating for decriminalization. While not a central electoral concern, growing political attention suggests the issue may gain prominence in future elections, particularly if youth voter engagement increases. Medical cannabis access may expand incrementally through pharmaceutical channels. If Indian companies develop cannabis-based medicines for conditions including epilepsy, chronic pain, or cancer treatment, regulatory pathways could open without comprehensive legalization. This medical-first approach mirrors policy evolution in several countries. Potential timelines for major policy changes include:

• 2026-2027: Additional states launch cultivation pilot programs; Supreme Court hears NDPS Act constitutional challenges
• 2027-2028: Parliamentary committee reviews cannabis policy; potential introduction of reform legislation
• 2028-2030: Possible decriminalization of personal possession; expansion of medical access
• 2030-2035: Potential comprehensive legalization with regulated cultivation and sales

However, significant obstacles remain. India's conservative social attitudes toward intoxicants, concerns about youth access, and bureaucratic inertia create resistance to change. The pharmaceutical industry's limited interest reduces corporate lobbying pressure for reform. International treaty obligations, while potentially flexible, provide political cover for maintaining prohibition. The most likely near-term scenario involves continued state-level experimentation with industrial hemp and limited medical cultivation, gradual expansion of bhang permissions, and incremental decriminalization of personal possession. Comprehensive legalization comparable to Canada or Uruguay remains unlikely before 2030 absent major political shifts.

Further Reading and Primary Sources

• Narcotic Drugs and Psychotropic Substances Act, 1985 (full text): https://legislative.gov.in/sites/default/files/A1985-61.pdf
• Indian Hemp Drugs Commission Report, 1893-1894 (historical archive): https://www.druglibrary.org/schaffer/library/studies/inhemp/
• Uttarakhand Hemp Cultivation Rules, 2019: https://agriculture.uk.gov.in/pages/display/140-hemp-cultivation
• Vidhi Centre for Legal Policy, "Rethinking India's Cannabis Laws" (2015): https://vidhilegalpolicy.in/research/rethinking-indias-cannabis-laws/
• All India Institute of Medical Sciences, National Survey on Extent and Pattern of Substance Use in India (2019): https://aiims.edu/en/component/content/article/medicine.html
• Jharkhand High Court judgment in State v. Ramesh Kumar (2026): [Available through Indian Kanoon legal database]
• Ministry of Social Justice and Empowerment, National Action Plan for Drug Demand Reduction (2018-2025): https://socialjustice.gov