Cannabis in India

A sacred plant, a legacy spanning millennia

The use of cannabis in India dates back to around 2000 BCE. For centuries, it was consumed for religious, medicinal, and recreational purposes without any particular restrictions, in three main forms: the bhang (leaves and seeds, often used to make beverages or sweets), ganja (flowering tops), and the charas (a type of hashish). The British colonial period marked the beginning of official regulation, notably with the report by the Indian Hemp Drugs Commission in the late 19th century.

The NDPS Act of 1985: A Crucial Distinction

Under international pressure and in the wake of the U.S.-led war on drugs, India adopted the Narcotic Drugs and Psychotropic Substances Act (NDPS Act), which remains the standard reference today. The law makes a fundamental distinction within the cannabis plant itself:

• ganja (flowering tops) and charas (resin) are classified as narcotics and are strictly prohibited. Production, possession, transportation, sale, and use are subject to criminal penalties
• leaves and seeds are not covered by the legal definition of prohibited cannabis. It is this loophole that allows the bhang to continue to exist legally.

The penalties prescribed by law are graded according to quantity: up to one year of imprisonment and a fine for a small quantity (100 g of charas or 1 kg of ganja), and 10 to 20 years of imprisonment along with a substantial fine for a commercial quantity (1 kg of charas or 20 kg of ganja). The Narcotics Control Bureau is responsible for enforcing the law nationwide.

Bhang, a legal exception administered by the states

Because bhang does not fall under the NDPS definition of prohibited cannabis, its regulation is governed by the excise laws of each Indian state, creating a veritable legal patchwork. Licensed bhang shops operate openly in states such as Rajasthan, Uttar Pradesh, Madhya Pradesh, Bihar, Odisha, and Punjab—particularly during the Holi festival—while other states, such as Assam, ban it outright.

Furthermore, the medical and scientific use of cannabis remains permitted under a state license (Section 10 of the NDPS Act), and formulations made from cannabis leaves—particularly those used in AYUSH-approved Ayurvedic medicine (herbal teas, tablets, gum), are legally sold by prescription.

Judicial Pressure for Federal Reform

The debate over changes to the legal framework took on a new dimension in 2026. A lawsuit filed by the collective Great Legalization Movement India Trust prompted the Delhi High Court to order the federal government to engage in consultations with scientific, medical, and civil society stakeholders to assess whether the current restrictions under the NDPS Act should be relaxed. The Court has given the government six months to issue a formal policy decision, with a deadline set for July 2026—a potentially decisive milestone for the future of India’s cannabis legislation.

Key Takeaways

• The NDPS Act of 1985 strictly prohibits ganja and charas, but makes an exception for leaves and seeds.
• The Bhang remains legal in several states through licensed stores, particularly during Holi.
• L’It has a medical use to a limited extent through government licenses and AYUSH Ayurvedic formulations.
• A ongoing legal proceedings The case before the Delhi High Court is putting pressure on the federal government ahead of a policy decision expected in 2026.

Find all the latest Newsweed coverage here on developments in the Indian legislative debate and judicial pressure in favor of reforming the NDPS Act.