Why Growing Cannabis Plant At Home Is A Crime, But Buying Bhang Isn’t

Why Growing Cannabis Plant At Home Is A Crime, But Buying Bhang Isn’t | Explained

Bhang Legal Status and Cannabis Laws in India: The Kerala High Court has clarified that while some parts of the cannabis plant are legally exempt, cultivating the plant remains strictly prohibited.

A recent court ruling in Kerala has highlighted a legal distinction that often confuses the public --- growing cannabis at home is a criminal offence, yet buying bhang remains legal in many parts of India. The Kerala High Court dismissed a petition by a man who had been caught cultivating five cannabis plants on the terrace of a rented home. He argued that the plants had not yet produced flowering tops, which are defined as “ganja” under the law, and therefore should not be illegal. The court rejected this claim, emphasising that the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985, clearly prohibits the cultivation of any plant of the genus cannabis, regardless of its stage of growth.

The NDPS Act distinguishes between the cannabis plant and its products. “Ganja” refers to the flowering or fruiting tops, while “charas” is the resin obtained from the plant. Leaves and seeds are not included in the legal definition of narcotic cannabis. This legal loophole allows bhang, an edible made from cannabis leaves, to be sold and consumed in certain states, often during festivals such as Holi and Maha Shivaratri.

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However, state governments regulate bhang production and sale. Uttar Pradesh and Rajasthan allow authorised vendors to sell bhang, whereas states such as Assam have banned it.

Even though leaves are exempt from the definition of ganja, cultivating a cannabis plant is prohibited unless done for medical, scientific, or industrial purposes with government approval. Courts have clarified that cultivation includes raising plants in pots, gardens, or fields. In other words, the offence lies in the act of growing the plant itself, not just in harvesting its flowering tops.

Penalties for cannabis-related offences depend on the quantity involved. Possessing small amounts, up to 1 kg of ganja or 100 grams of charas, can result in imprisonment of up to one year, a fine of Rs 10,000, or both. Possessing commercial quantities, 20 kg or more of ganja, or 1 kg or more of charas, carries a prison sentence of 10 to 20 years and fines of Rs 1-2 lakh. Cultivating the plant may lead to up to 10 years' rigorous imprisonment and fines up to Rs 1 lakh.

The NDPS Act allows the government to license cannabis cultivation for industrial or medical use. States such as Uttarakhand, Himachal Pradesh, Uttar Pradesh, and Madhya Pradesh have authorised cultivation of industrial hemp, which contains very low levels of THC, the psychoactive compound. Scientific bodies, including the Council of Scientific and Industrial Research, can also cultivate cannabis for research purposes.

Despite these exceptions, home cultivation remains illegal. While bhang may be legally purchased in regulated states, growing the plants that produce it can lead to serious legal consequences.

Source: ZeeNews
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