India: Himachal Pradesh to decide whether or not to legalize hemp

Following a court ruling According to a ruling by the Himachal Pradesh High Court, the Indian state government has eight weeks (starting April 29) to officially state its position on the legalization of hemp. Pro-cannabis activist Deven Khanna had filed a petition challenging the policy of total cannabis prohibition and argued for the authorization of the use of «genetically modified strains with low THC levels.».

India and Hemp

In India, cannabis cultivation is widespread but not legal. The Narcotics Act allows state governments to enact laws authorizing the cultivation of hemp for industrial and medical purposes, but so far only One country seized this opportunity. This is the neighboring state of Himachal Pradesh, Uttarakhand. Its government has granted a license to the Indian Industrial Hemp Association (IIHA), a nonprofit organization that promotes the various industrial uses of hemp, to cultivate 1,000 hectares on a trial basis.

In his closing argument, Deven Khanna points out that «countries like China and Canada have begun to recognize the importance of the hemp plant, but India remains reluctant to take this industry seriously.» However, the hemp plant is included in the list of fiber crops to be developed under the central government’s Natural Textile Fibers policy. Deven Khanna recommends that Himachal Pradesh establish a specialized commission or council and begin drafting legislation to determine licensing procedures, THC limits, and other related matters.

A Case for Legalizing Hemp

In this case, Deven Khanna challenges the prohibition, which he considers a waste of resources and a practice contrary to the Constitution. He denounces the current policy of burning illegal cannabis, which causes pollution that negatively affects biodiversity. He points out that, on the contrary, hemp cultivation is an environmentally friendly practice that requires few resources, maintains soil fertility, and filters CO². He invokes the Constitution regarding the right of communities to preserve their traditions and cultures. In this context, cannabis is an integral part of certain Indian village and religious rituals.

In addition to his critique of prohibition, he puts forward several arguments in favor of legalizing the use of hemp:

• health-related arguments, such as the use of CBD in the treatment of certain diseases.
• economic factors such as the development of agriculture and industry.
• security arguments, such as rendering the plant unusable by traffickers by eliminating its psychoactive effects, thereby reducing young people's exposure to addiction and drug trafficking.

“By continuing to ban the medical and industrial use of cannabis, we have only enabled drug cartels to make a lot of money. Legalizing the medical and industrial use of cannabis would make the government more progressive, reduce spending by anti-drug agencies, and create livelihoods for the unemployed,» explains Deven Khanna.

In many countries, taking legal action has ultimately paid off: In South Africa and in Mexico Constitutional courts have ruled that the ban on adult and private use is unconstitutional, whereas in Brazil and in Argentina, medical cannabis patients are taking their cases to court to obtain the right to grow their own cannabis.