Is Bhang Legal in India?

Bhang, a traditional Indian drink made from the leaves and seeds of the cannabis plant, has a long and culturally significant history in India. However, its legal status can be a bit confusing, as it sits in a unique position under Indian law. Let's look into the details, examining various aspects of bhang, its legal status, and its cultural importance.

What is Bhang?

Bhang is an edible preparation of cannabis, often consumed in the form of a drink during religious festivals like Holi and Shivratri. Unlike other forms of cannabis, bhang is made using the leaves and seeds of the cannabis plant, rather than its flowering or fruiting tops, which contain higher concentrations of the psychoactive compound THC (tetrahydrocannabinol).

Legal Status of Bhang in India

To understand the legal status of bhang, it is essential to differentiate between various parts of the cannabis plant and their uses:

• Cannabis Leaves and Seeds: The leaves and seeds, used to make bhang, are not considered narcotic under Indian law.
• Flowering or Fruiting Tops: The buds or resinous parts of the cannabis plant, which contain higher levels of THC, are classified as narcotic and are strictly regulated.

Narcotic Drugs and Psychotropic Substances Act, 1985

The primary legislation governing the legality of cannabis in India is the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985. This Act criminalizes the production, possession, sale, purchase, transport, and consumption of cannabis resin and flowers but does not specifically ban the leaves and seeds of the plant.

Bhang and the NDPS Act

Section 2(iii) of the NDPS Act defines cannabis (hemp) as:

• Charas: 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.

• Ganja: 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.

• Any mixture, with or without any neutral material, of any of the above forms of cannabis or any drink prepared therefrom.

However, the Act explicitly excludes the seeds and leaves of the cannabis plant when not accompanied by the tops. This exclusion means that bhang, made from the leaves and seeds, is not illegal under the NDPS Act.

Cultivation of Cannabis

The cultivation of cannabis for industrial purposes (such as for making hemp) is permitted in certain parts of India under state regulation. States like Uttarakhand, Madhya Pradesh, and Uttar Pradesh allow controlled cultivation of cannabis for producing bhang and hemp products.

Bhang in Different Parts of India

The legal status of bhang can vary by state. For example:

• Himachal Pradesh: Known for its cannabis culture, bhang is commonly consumed, and local authorities often turn a blind eye to its use during festivals.
• Uttar Pradesh and Rajasthan: Bhang is legally sold in government-authorized shops, especially during festivals like Holi and Shivratri.
• Madhya Pradesh and Uttarakhand: These states have also shown leniency towards the consumption of bhang.

Cultural Importance of Bhang

Bhang has deep roots in Indian culture and religion. It is associated with the worship of Lord Shiva, who is often depicted consuming bhang. During festivals like Holi and Shivratri, bhang is consumed as a religious offering and as a means to enhance the celebratory spirit.

Historical Context: The Indian Hemp Drugs Commission Report

The Indian Hemp Drugs Commission Report of 1894 is a seminal document that studied the effects and usage of cannabis in India. The report concluded that moderate use of cannabis, including bhang, was not particularly harmful and that it had significant cultural and religious importance. The Commission recommended regulated use rather than a complete ban, a stance that influenced India's approach to cannabis regulation for decades.

International Conventions

India is a signatory to international treaties such as the Single Convention on Narcotic Drugs (1961) and the Convention on Psychotropic Substances (1971). These treaties require member countries to regulate and restrict the use of narcotic drugs and psychotropic substances, including cannabis. However, the conventions allow for traditional uses of cannabis in cultures where it has historical and religious significance, providing a legal framework that accommodates the use of bhang.

Consumption of Bhang

Despite its legal status, the consumption of bhang is more culturally accepted than other forms of cannabis. During festivals, bhang is consumed openly, often in the form of bhang lassi or bhang thandai, which are drinks mixed with yogurt, spices, and sometimes other intoxicants.

Medical and Recreational Use

While bhang is not widely promoted for medicinal use, there is growing interest in the potential therapeutic benefits of cannabis. However, the recreational use of cannabis, including bhang, remains a contentious issue. Advocates argue for the decriminalization and legalization of cannabis to benefit from its medicinal properties and reduce the criminalization of its users.

Recent Developments

In recent years, there has been a shift in attitudes towards cannabis in India. Several states are exploring the potential economic benefits of legalizing and regulating the cannabis industry. For example, Uttarakhand has taken steps to promote hemp cultivation for industrial purposes, which could pave the way for broader acceptance of cannabis products, including bhang.

Conclusion

The legal status of bhang in India is nuanced and deeply tied to cultural and religious practices. While the NDPS Act regulates the more potent parts of the cannabis plant, it allows for the traditional use of cannabis leaves and seeds in the form of bhang. As attitudes towards cannabis continue to evolve, there may be further changes in the regulatory landscape, potentially leading to more widespread acceptance and use of bhang and other cannabis products.

References

• Narcotic Drugs and Psychotropic Substances Act, 1985. Retrieved from Government of India
• Indian Hemp Drugs Commission Report, 1894. Retrieved from Government of India Archives
• Single Convention on Narcotic Drugs, 1961. Retrieved from United Nations
• Convention on Psychotropic Substances, 1971. Retrieved from United Nations

By understanding the legal, cultural, and historical context of bhang in India, we can appreciate its unique position and ongoing significance in Indian society.