Section 10 of the NDPS Act, 1985 read with section 8 of the Act empowers the State Governments to license cultivation of cannabis for medical and scientific purposes. Medicinal use of cannabis has so far been extremely limited and confined to alternate medicine such as homeopathy and ayurveda.
State Governments have actually not been licensing cultivation of cannabis. Of late, there has been growing international interest among scientists in exploring possible medical uses of cannabis. Cultivation of cannabis will not be permitted given its limited proven uses for medical purposes. Cultivation shall be permitted for research including trials of various varieties of cannabis.
Bhang is a preparation made from cannabis leaves consumed in parts of India on some festivals. As it is not made from cannabis resin or from flowering tops, it is not covered under the NDPS Act, 1985.
Production and sale of Bhang is permitted by many State Governments. Whoever is so licensed to produce Bhang shall be allowed to produce it from the leaves of the wildly grown cannabis plants only. They shall not use the flowering tops or the resin produced from the plants.
If anyone is found mixing with Bhang any part of flowering tops or the resin produced from the cannabis plants, he shall be punishable under relevant provisions of the NDPS Act, 1985 and if he happens to be a licensee, his license shall also be cancelled.
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