Why growing a cannabis plant in your balcony is a crime, but buying bhang isn’t
Table of Contents
Source: The Indian Express
Relevance: GS Paper II (Polity & Governance — Laws, Rights), Prelims (NDPS Act definitions & punishments), GS Paper IV / Ethics (legal-ethical tensions)
Key Concepts for Prelims and Mains:
For Prelims:
- NDPS Act, 1985
- Definition of cannabis (charas, ganja)
- Legal status of bhang (not covered under NDPS)
- Section 8(b)
- Kerala High Court ruling (2025)
- Punishment for cultivation
For Mains:
- Cannabis plant vs bhang: legal contradiction
- Right to culture vs NDPS restrictions
- Federal structure: Centre (NDPS) vs States (bhang rules)
Why in News?
- Kerala High Court (Nov 4, 2025) dismissed a petition by a man caught with five cannabis plants on the terrace.
- He argued:
- Plants had no flowering or fruiting tops → So they are not “ganja”.
- Court held:
- NDPS Act makes cultivation of any cannabis plant illegal, regardless of flowering or not.
- The law separates “cannabis plant” from products like ganja or charas.
What Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985 Defines Cannabis (Section 2)
- NDPS Act (1985) was enacted due to international pressure, mainly USA, to criminalise cannabis.
- It does not ban all parts of cannabis.
Legal Definitions
Charas
- Resin extracted from cannabis plant.
- Includes hashish oil, any form of separated resin.
Ganja
- Flowering or fruiting tops of cannabis plant.
- Contains the psychoactive component (THC).
Excluded parts
- Leaves and seeds not accompanied by flowering tops.
Therefore, not considered cannabis under NDPS Act.
The Bhang Loophole
- Bhang is made from leaves, which are not illegal under NDPS Act.
- Thus:
- Bhang is NOT a narcotic drug.
- Its consumption is legal under central law.
But Bhang Is Not Completely Free
- NDPS National Policy states:
- States can regulate, permit or ban bhhang.
- Examples:
- Uttar Pradesh, Rajasthan → licensed bhang shops
- Assam → bhang banned under local law
This creates a unique situation:
You can drink bhang legally at Holi, but cannot grow the plant whose leaves make bhang.
Why Growing Cannabis Is a Crime
Main legal reason
- Section 8(b) NDPS Act:
- Prohibits cultivation of ANY cannabis plant unless government-approved.
Definition under Section 2(iv)
- “Cannabis plant” = ANY plant of genus cannabis, irrespective of:
- Age
- Flowering
- Fruiting
Kerala High Court Clarification
- Act does not distinguish between:
- A mature plant vs a small sapling
- A plant in the ground vs a pot
- “Cultivation” includes:
- Growing
- Raising
- Gardening
- Even keeping in pots
Conclusion:
🔹 You can legally buy bhang, but legally you CANNOT grow the cannabis plant.Difference Between Bhang and Cannabis
| Category | Bhang | Cannabis (Ganja/Charas) |
| Part of Plant Used | Leaves | Flowering tops (Ganja) and Resin (Charas) |
| Legal Status (NDPS Act) | Legal (Leaves are excluded from NDPS definition) | Illegal (Flowers/resin included in NDPS definition) |
| Cultivation | Cannot grow the plant; but bhang consumption is allowed | Growing ANY cannabis plant is illegal |
| Psychoactive Strength | Mild (Low THC) | Strong (High THC) |
| Form of Use | Drinks (bhang thandai), sweets | Smoked, vaped, resin consumed |
| Regulation | Controlled by state laws (licensed shops in some states) | Controlled strictly under NDPS Act |
| Cultural Use | Used in festivals (Holi, Maha Shivaratri) | No cultural sanction under law |
| Purpose | Traditional/religious consumption | Recreational or intoxicant use |
| Legal Reason | Leaves are not considered “cannabis” under law | Flowers/resin are officially defined as cannabis |
Punishments Under NDPS Act
Quantity-Based Punishments
For Ganja
- Small quantity → up to 1 kg
- Jail up to 1 year
- Fine up to ₹10,000
- Commercial quantity → 20 kg or more
- Jail 10–20 years
- Fine ₹1–2 lakh
For Charas
- Small quantity → up to 100 g
- Commercial quantity → 1 kg or more
Punishment for Cultivation
- Growing even one cannabis plant can result in:
- Up to 10 years rigorous imprisonment
- Up to ₹1 lakh fine
Important:
The offence is punishable even if no flowers or Ganja are produced.
Legal Exceptions — Industrial Hemp & Medical Use
Permitted under Section 14
Government may allow cultivation for:
- Industrial use (hemp fibre, seeds)
- Horticultural use
- Medical and scientific research
States that Allow Industrial Hemp
- Uttarakhand — first to issue licences in 2018
- Uttar Pradesh
- Himachal Pradesh
- Madhya Pradesh
Medical Cannabis
- CSIR and other research bodies licensed for:
- Medical trials
- Research on cannabis-based medicines
- India’s first medical cannabis clinic opened in Bengaluru in 2020.
International level: Commission on Narcotic Drugs
- It is the UN agency mandated to decide on the scope of control of substances by placing them in the schedules of global drug control conventions.
- It was founded in 1946
- Headquartered in Vienna.
- Global attitudes towards cannabis have changed dramatically since the commencement of the 1961 Convention, with many jurisdictions permitting cannabis use for recreation, medication or both.
- Currently, over 50 countries allow medicinal cannabis programmes, and its recreational use has been legalised in Canada, Uruguay and 15 states of the USA.
Ongoing Legal Challenge to Ban
- Delhi High Court is hearing a petition by:
- Great Legalisation Movement India Trust
- Petition argues:
- Ban on cannabis is arbitrary, unscientific, and violates personal liberty.
- Case is still ongoing.
CARE MCQ
The Kerala High Court (2025) ruled that cultivation of cannabis is illegal even if:
(a) The plant is dried
(b) Only three plants are grown
(c) The plant has no flowering tops
(d) The leaves are not harvested
Answer: (c)