A recent judicial interpretation in Kerala has clarified a persistent confusion surrounding cannabis laws in India: growing cannabis plants at home is a criminal offense, yet the consumption of bhang, a traditional cannabis product, remains legal in many states. The Kerala High Court recently rejected a petition from a man caught cultivating five cannabis plants on his terrace. He argued that his plants, not yet bearing flowering tops, did not constitute ‘ganja’ as defined by law. The court firmly cited the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985, emphasizing its clear prohibition on cultivating any plant from the cannabis genus, regardless of its growth stage. The NDPS Act makes a crucial distinction between the cannabis plant and its derivatives. ‘Ganja’ is specifically defined as the flowering or fruiting tops, and ‘charas’ is the resin. Importantly, the leaves and seeds of the cannabis plant are excluded from the legal definition of narcotic cannabis. This legal loophole allows for the sale and consumption of bhang, an edible preparation derived from cannabis leaves, which is popular in many Indian states, particularly during festivals. The regulation of bhang varies by state; some, like Uttar Pradesh and Rajasthan, permit authorized vendors, while others, such as Assam, have banned it entirely. The act of cultivation itself is prohibited under the NDPS Act, unless specifically licensed for medical, scientific, or industrial purposes. Even though cannabis leaves are not classified as ‘ganja’, growing the plant is illegal. Courts have consistently ruled that cultivation includes nurturing plants in any setting, such as pots or gardens. The offense is tied to the act of growing the plant, not merely to the harvesting of its illicit parts. Penalties under the NDPS Act are graded based on the quantity. Possession of small quantities of ganja (up to 1 kg) or charas (up to 100 grams) can lead to imprisonment of up to one year, a fine of Rs 10,000, or both. Commercial quantities—20 kg or more of ganja, or 1 kg or more of charas—carry severe penalties of 10-20 years 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 and significant fines. The NDPS Act does allow for licensed cultivation for industrial or medical uses, with states like Uttarakhand and Himachal Pradesh permitting industrial hemp farming (containing very low THC levels). Research organizations also conduct cultivation under specific permits. Nevertheless, home cultivation is unequivocally illegal. Therefore, while bhang may be legally purchased in certain regions, growing the plants that produce it can lead to serious legal consequences.
