Navigating India’s legal landscape concerning cannabis can be perplexing, especially after a recent ruling by the Kerala High Court. This judgment underscored a critical distinction: cultivating cannabis plants at home is a criminal offense, yet purchasing and consuming bhang, a traditional cannabis-infused beverage, is legal in many parts of the country. The High Court rejected a man’s plea who was caught growing five cannabis plants on his rooftop, arguing that since the plants lacked flowering tops—defined as ‘ganja’ under the law—his actions shouldn’t be criminalized. The court’s response was clear: the Narcotic Drugs and Psychotropic Substances (NDPS) Act of 1985 unequivocally forbids the cultivation of any cannabis plant, regardless of its developmental stage. The NDPS Act meticulously separates the cannabis plant from its derivatives. ‘Ganja’ is legally defined as the flowering or fruiting tops of the plant, while ‘charas’ refers to the extracted resin. Notably, the leaves and seeds of the cannabis plant are excluded from the legal definition of narcotic cannabis. This specific legal exclusion is what permits bhang, an edible made from cannabis leaves, to be legally sold and consumed in numerous Indian states, frequently during popular festivals. The regulation of bhang’s production and sale rests with individual state governments. For instance, Uttar Pradesh and Rajasthan authorize licensed vendors to distribute bhang, whereas other states like Assam have implemented complete prohibitions. The offense of cultivation stems from the very act of growing the plant. Even though leaves are exempt from the definition of ‘ganja’, cultivating a cannabis plant requires government authorization for specific medical, scientific, or industrial uses. Judicial interpretations have consistently held that cultivation encompasses nurturing plants in any form, whether in pots, gardens, or larger fields. Consequently, the illegality attaches to the process of growing, not exclusively to the harvesting of prohibited parts. The penalties stipulated by the NDPS Act are contingent upon the quantity of the substance. Possession of minor quantities—up to 1 kg of ganja or 100 grams of charas—can result in imprisonment up to one year, a fine of Rs 10,000, or both penalties. For commercial quantities, defined as 20 kg or more of ganja, or 1 kg or more of charas, the punishment escalates significantly to 10-20 years of imprisonment and fines between Rs 1 lakh and Rs 2 lakh. Cultivating cannabis plants carries a potential sentence of up to 10 years of rigorous imprisonment, coupled with substantial fines. While the NDPS Act does make provisions for licensed cannabis cultivation for industrial or medical purposes, with states like Uttar Pradesh and Madhya Pradesh permitting industrial hemp farming (characterized by low THC levels), personal, home-based cultivation remains explicitly illegal. Thus, although bhang may be legally accessible in certain regulated areas, the act of growing the source plants carries serious legal repercussions.
