Definitions of Bhang and Cannabis
In India, the legal landscape surrounding cannabis and its derivatives is intricate. Bhang, typically made from the leaves, stems, and seeds of the cannabis plant, is often treated differently from other forms of cannabis such as ganja and charas.
According to the Narcotic Drugs and Psychotropic Substances (NDPS) Act of 1985:
1. Cannabis (hemp) is defined as:
• Charas: The separated resin, in any form, whether crude or purified, obtained from the cannabis plant. This includes concentrated preparations 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 any name they may be known.
• Mixtures and Preparations: Any mixture, with or without neutral material, of any of the above forms of cannabis or any drink prepared therefrom.
2. Cannabis Plant: Any plant of the genus Cannabis.
Legal Context of Bhang
Bhang, traditionally consumed in various forms such as drinks and sweets, is made from the leaves, stems, and seeds of the cannabis plant. These parts are not considered illegal under the NDPS Act when they are not accompanied by the flowering or fruiting tops. This distinction keeps bhang outside the stringent controls applied to other forms of cannabis like ganja and charas.
Punishments for Contraventions
The NDPS Act specifies strict penalties for activities involving the cannabis plant and its products. The punishments are as follows:
1. Cultivation:
• Rigorous imprisonment for up to ten years and a fine of up to one lakh rupees. 2. Production, Manufacture, Possession, Sale, Purchase, Transport, Use:
• Small Quantity: Rigorous imprisonment for up to one year, a fine of up to ten thousand rupees, or both.
• Quantity Lesser than Commercial Quantity but Greater than Small Quantity: Rigorous imprisonment for up to ten years and a fine of up to one lakh rupees.
• Commercial Quantity: Rigorous imprisonment for not less than ten years, which may extend to twenty years, and a fine between one lakh and two lakh rupees, with the court having the discretion to impose a higher fine if warranted.
Conclusion
Understanding the nuances of the NDPS Act is crucial for those involved in research, business development, or the medical use of cannabis in India. Bhang remains a culturally significant and legally permissible form of cannabis due to its derivation from the non-flowering parts of the plant. However, other forms such as ganja and charas are subject to strict legal controls and severe penalties for unauthorized activities.