Marijuana Legalisation

TABLE OF CONTENTS
A. Declaration ii
B. Certificate iii
C. Acknowledgements v
D. List of Abbreviations vi
E. Table of Cases vii
F. Table of Statutes ix
Chapter 1: INTRODUCTION
1.1 Introduction…………………………………………………………… 11-12

1.2 Literature Review……………………………………………………. 12-20
1.3 Statement of Problem ……………………………………………….. 20 - 21
1.4 Research Question……………………………………………………. 22 - 23
1.5 Objective of the Study……………………………………………….. 24 - 25
1.6 Hypothesis…………..……………………………………………….. 20 - 21
1.7 Methodology………………………………………………………..... 22 - 23
1.8 Chapterization……...……………………………………………….. 24 - 25
Chapter 2: History
2.1 Hemp: An Alternative to Plastic……………………….……………… 25 - 28
2.2 Comparison of Hemp and Marijuana…………………………..……… 28 - 29
2.3 Strategy Suggestion…………………………………………………….... 29 - 30
2.4 Estimations made ……………………………………………………..… 31 - 32

2.5 Hemp: An Alternative to Plastic……………………….……………… 25 - 28
2.6 Comparison of Hemp and Marijuana…………………………..……… 28 - 29
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2.7 Strategy Suggestion…………………………………………………….... 29 - 30
2.8 Estimations made ……………………………..………………………… 31 - 32
Chapter 3: Legalisation Issues
Report on Foreign countries ………………………………………………………
………………………………………………………………………………. 33 - 36
B. Laws on Marijuana World Wide …………………………………………………
…………………………...…..………………………………………… 37 - 54
C. Cannabis Marketing and Business…………………………………………………
………………...……………..………………………………………………. 54 - 60
D. Laws in India……………………………………………………………….…………
………………………………………………………………………… 61- 68
Current Legal Framework……………………………………………………………
………………………………..…………………………………………… 69 - 72
NDPS Amendments…………………………………….……………………………..
………………………………………………………………………… 72 - 77
Indian laws and marijuana…………………………….……………………………..
………………………………………………………………………… 77 - 81
BIBLIOGRAPHY 82
I. BOOKS 82
II. STATUTES 83
III. WEBLIOGRAPHY 83
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Chapter 1: Introduction
1. 1 INTRODUCTION
It is a Herb, why is it unique: Marijuana, Cannabis sativa a part of the hemp strain family
Cannabaceae. Cannabaceae is a group of flowering plants. As now circumscribed, this group
contains about 170 members together in about 11 genera, including Cannabis, Humulus and
Celtis.
In the world all plants are given a specific, usually binomial name in Latin, that defines it from
all other plants in the world. Whereas, Cannabis is a natural herb contains far more potential that
has been already discovered. The plant is generally dioecious in that it has separate male and
female plants. Each part of this plant has different uses and benefits.
There are a little monoecious producers now that have both genders the male and the female
flowers on the ordinary plant. The monoecious aspect isn’t genetically balanced so this is
generally created by plant producers on an everyday basis. The Marijuana Plant is a natural herb
used in all countries to benefit their citizens.1
First documented use of cannabis was in China, using it as a medicine 5000 years ago, the same
thing goes in ancient Egypt cannabis was used as medicine. Also if I talk about India, a
concoction of milk and cannabis was used as a medicine. Around 2500 hundred years ago
cannabis seeds were found in a Russian burial mound of a priestess known as the ice maiden. it
is said that the settlers brought cannabis from Europe to Jamestown. Later hemp was also grown
which is a subspecies of cannabis sativa. It was recognised and considered medicine in 1850 at
the United States. But years later it all changed. Until 1985 cannabis was legally used in India.
But under the pressure of the us government the Rajiv Gandhi led congress banned it in India.
1.2 Literature Review

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The Economic Times. (2019). Is India losing out on a ready-to-boom cannabis market by not legalising its use?.
[online] Available at: https://economictimes.Indiatimes.com/industry/cons-products/tobacco/is-India-losing-out-on-
a-ready-to-boom-cannabis-market-by-not-legalising-its-use/articleshow/66101561.cms [Accessed 30 May 2019].
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A literature review is a comprehensive summary of the research on a topic. The literature review
surveys scholarly articles, books, and other sources relevant to a particular area of research. The
review must enumerate, define, summarize, objectively evaluate and clarify this research. It
should give a theoretical base for the research and help (the author) to determine the nature of the
research. The literature review acknowledges the work of previous researchers, and in so doing,
assures the reader that the work has been well conceived. It is assumed that by mentioning a
previous work in the field of study that the author has read.
BOOKS
1. Marijuana Legalization: What Everyone Needs to Know - This book highlight about
his own ‘Policy of Tolerance’ for such uses. Based on this tolerance policy, cannabis
coffee shops are being established in Netherlands where sale of weed for personal
consumption is tolerated by local Police Officers, especially in Amsterdam. Dutch
government keeps a check on local smokers to show identification and registration in a
database called the “cannabis card” to control drug-related issues. Consumption of hard
drugs is restricted in Netherlands. The sale of cannabis in small amount is allowed only
by licensed coffee shops.
2. Law Relating to Narcotic Drugs and Psychotropic Substances in India - R. P.
Kataria 2005 - I believe that if there is a need to prohibit the use of cannabis, then every
sort of cannabis should be banned, not only a few. Further, the point of granting an
exception to the medical use of cannabis is highly impossible to seek permission, for its
medical and scientific experimentation and purposes. The government’s strict intolerance
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policy has blinded it from noticing the apparent use of it and made it lose its focus from
effectively fulfilling its duties and responsibilities
3. The Constitution of India - P. M. Bakshi 1990 - Now as per NDPS, the definition does
not cover bhang. This states that consumption of bhang can be taken as legal. So yes,
selling of bhang on festive occasions is legalized by the Indian government. It is mostly
sold in religious cities or ghats in Northern India by special vendors permitted by the
state government. The state selling bhang has to keep an eye over the sellers as bhang can
be used to prepare more potent intoxicants
4. Supreme Court on Narcotics and Drugs: With the NDPS Act and Rules - Cannabis
users might get a lot of deep sleep; however they additionally spend less time in REM
sleep. REM stands for Rapid Eye Movement. Once we’re in this sleep phase, our body is
at it’s nearest to being awake. Unsurprisingly, REM is the final section of the 90-minute
sleep cycle. Coincidentally, REM sleep is the time you’re capable of having vivid dreams
and nightmares. Researchers still don’t understand why this sleep cycle is helpful to our
health. But, one leading theory is that it provides certain components of our brain a rest,
namely, the components which secrete serotonin and histamine
Articles and Research
This theory states that the utilization of less harmful drugs could cause a future risk of
victimization to a lot of dangerous medicine. Cannabis, alcohol, and tobacco are attributed to the
current theory. Some scientific studies show that the consumption of cannabis can probably
predict a major higher risk for the next use of “harder” illicit drugs, whereas different studies
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show that it cannot. A ten-year long study conducted in Australia found that adults of twenty-
four years used a drug referred to as amphetamines which were preceded by the employment of
cannabis. In 2006, a counter-study was conducted on rats, in Sweden, that examined the brains of
the rats when dosing them with cannabis and found that THC alters the opioid system that’s
related to positive emotions, which lessens that effects of opiates on the rat’s brain and therefore
causes them to use a lot of heroin. The rats were given tetrahydrocannabinol at the young age of
twenty-eight days. It is impossible to extrapolate the results of this study to humans.
1.3 Statement of Problem
Why is marijuana Still Illegal in India Despite its Medical Uses?

This propaganda basically originated from the tobacco and liquor industry of the US. These
companies use cannabis to make painkillers. and these painkillers are used by 20 million people
living in the us itself. legalising it would cause huge losses to these companies. As a matter to
fact a report by the Washington post in the states where cannabis is legal, those states stated very
low consumption of painkillers. Similarly the use of alcohol is also less by 15 percent. so
cannabis basically kills the potential customers of these industries.
Cannabis was also termed as hazardous by some NGOs in the us but to the contrary the funding
of these NGOs is done by the liquor and tobacco industry in most cases. The same was reported
in some cases in India. Each and every thing done out of its limits is bad for anyone's health. if i
talk about health, alcohol and cigarettes cause 114 percent more damage to the human body as
compared to cannabis. In India one person dies every 96 minutes due to alcohol but no such
cases of death were reported due to the overdosage of cannabis.also a ban in India does not mean
that it is not totally available in India. In fact the black market of cannabis in India is completely
flowering and flourishing in India even with a ban in it. around 60000 kilos of illegal production
of cannabis is reported in India with only 1 percent of it being caught.historically speaking it was
used in India to cure gastric problems it also worked as an appetizer and also showed positive
results in providing relief in jaundice diabetes.
1.4 Research Question
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(A) What kind of treatment is given to the Defaulters?
(B) What are the legal safeguards provided to the Accused?
(C) Do Individual Have a “ Right to Choose”?
(D) Should Marijuana be legalized or not?
1.5 Objective of the Study
The main aim and objective of the above research which is being done by me is to arrive at a
conclusion or a statement of general understanding. The same can be achieved by reading
various cases which happened in past the judgments which were given on them and in doing so it
might add the credibility to the existing theory which is present in the cases. It might bring some
change in the mindset which is present in the society about the current scenario of Marijuana.
The discovery of truth can be considered as the most important aspect while doing my research
in fair nature so I have tried to gain knowledge from the various research papers which are
present. This can also be treated as a source of knowledge or with the help of this the researcher
can justify his statements and facts and can also predict the accuracy about the Topic which I am
doing.
1.6 Hypothesis
As we know that marijuana is a herb. According to the Constitution of India in the eyes of law
everyone is having an equal right in the eye of law but there are various cases where we can see
the discrimination between people not able to have the right of choice. And the discrimination
should be made by the law only as the law does not allow the patient to avail the voluntary death.
As we know that the Indian Constitution is based on nonviolence and that is one of the reason or
the main idea behind refusal of marijuana. So the act of ending the life can be reduced. There are
various times when Marijuana is often confused with the poor man’s drug and we know that
consumption should be a personal choice under Right to Choose under the Indian Constitution
and also the Marijuana is the subject of condemnation and criticism also. As far as Medical
Marijuana is concerned it is having a legal recognition in India.
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1.7 Methodology
1. The first and foremost method which was adopted or was emphasized is to understand the
concept of euthanasia and its need in our society. To clear the doubt i have made a strong
concept the literature review of various cases what is referred and it can be used to form a
preliminary understanding.
2. The second method or approach was to verify the definition of from the various books and
matching it with what the author had said in their research or their books and from the Indian
Constitution perspective also.
3. There are various cases and the judgments present which were reviewed. These cases can be
termed as landmark cases which were given by the Supreme Court of India and the High Court
of different states.
4. Various different types of euthanasia were also studied and the valuation was done for the
effective method which was used in euthanasia like passive euthanasia.
Chapterization
Chapter 1 Introduction
It deals with euthanasia along with literature review of various books and article. I also focus on
problem faced while doing the research. I also focus on the analysis between life and death.
Chapter 2 Marijuana
I would be discussing about the meaning of Marijuana from various resources, dictionary, and
various cases. We would be discussing also the various classification of euthanasia like voluntary
euthanasia, involuntary euthanasia. Under in voluntary euthanasia will discuss the active
euthanasia and passive euthanasia. Chapter 3 Legal aspects and different kinds of Euthanasia-
We will be discussing about the various legal aspects pertaining to euthanasia. The main
question which we have discussed could be that should euthanasia be allowed or not. We would
be discussing about euthanasia and its different kinds. We would be discussing about the various
types of euthanasia like pet animal euthanasia and also Mention the various reasons for pet
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animal euthanasia. Chapter 4 Judicial trend of Euthanasia- In this chapter we would be
discussing the position in India and judicial trend regarding the euthanasia. We would see
various cases outcomes which has the euthanasia like Gian Kaur Verses State of Punjab. Chapter
5 Conclusion and Suggestion – Conclusion and suggestion along with few scenarios
__________
In the United States it is not only used medically or for recreational purposes but production of
hemp also produces products for body care, food supplements plastic products which also give a
boost factor to the us economy. it is estimated that the hemp industry in us will add around 3 lakh
crores by 2020 whereas this industry in is totally non-negligent with a scope of a lot what us
earns.3 lakh crores amount for the total GDP of 10 eastern states of India. also according to a
report by Forbes the hemp industry in us will create more jobs than their manufacturing industry
by 2020.although Uttarakhand is the first state to provide a license for hemp cultivation but it is
restricted to a very limited level. After the legalisation of cannabis in the crime rate of the
country drastically went down and the awareness level in the citizens improved.
B.HISTORY
Why did Mr. Rajiv Gandhi ban marijuana under the pressure of the US
government?
Basically bhang a residue of cannabis is not fully banned in India due to cultural reasons. people
usually think it as a substance used by lord Shiva. Even in the Indian Holy scriptures the mention
of cannabis is found.
In Atharva Veda chapter 11 varak no, 6 verse no. 15 it says that one of the sacred plants find on
earth is this. it also says that this plant is a joy giver and liberator. In Hindu mythology cannabis
is also associated with Lord Shiva, then why this ban in India.
In 1961 again under the pressure of the US Government, with its convention listed it as a
synthetic drug. Yes you read it right. Cannabis was listed under the category of a synthetic drug.
According to various arguments proposed instead of being a natural plant why is cannabis placed
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under the category of a synthetic drug. But the Indian government
back then refused to sign the convention as cannabis was used to make Ayurvedic medicines in
India. it was also now as the backbone of Indian medical industry.
The main thing that we need to think is under the us pressure, India did ban it in 1985, but in the
us itself it is legal to use medical marijuana in 27 states.11 states termed it as legal for
recreational purposes. In fact it is legal in around 50 countries of the world. According to a
survey the gross happiness index of these 50 countries is far high than rest of the world.
The natural herb cannabis was used in India since 2000 B.C. The Hindu Mythology states that
Shiva the Hindu God also consumed a form of marijuana and it is considered that this herb is a
natural gift to humanity. The Hindu Vedas also mention this herb in Atharva Veda
acknowledged Marijuana as a sacred herb in book 11, hymn 6, verse 15 that it is a source of
happiness and joy. It is a giver, that liberates humanity. The herb had been used in India for
thousands of years but in 1961 the Paris Convention signed an international treaty called Single
Convention on Narcotics drugs to prohibit the use, supply, production of certain drugs neither for
medical nor for research purposes. The Congress government led by Rajiv Gandhi under
American pressure and the convention of United Nations had to say that the Herb is synthetic
and hence the Congress Government in 1985 had put a ban on marijuana excluding the seeds and
leaves due to religious purposes. Bhang is still available legally with government-authorised
dealers in government provided outlets and shops in most of the states in India like Haryana,
Uttar Pradesh, Bihar, Orissa, Kerala etc. Bhang is very popular during the Festival of
Mahashivratri and Holi in the month of February and March.2
Shiva the hindu god.is mostly referred to as lord of the bhang. There are several legends
associating Shiva with cannabis. one such legend states that Shiva in the midst of an argument
with his family, escaped to the mountains as he continued to climb he became tired from his
journey and the hot rays of the sun. he fell asleep beneath a plant. When he awoke he became
aware of the fragrant smell of the plant and decided to taste its leaves. Rejuvenated Lord Shiva
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made it his favourite food bringing it back to humanity along with the art of yoga, a sort of
instruction manual for the practice of using this sacred herb correctly. as a result devotee of
Shiva still consume bhang, ganja, and charas 3 traditional preparations of cannabis to this day. it
is most commonly consumed in a drink known as bhang lassi. Even in regions where it is illegal
an exception is made during some celebrations like Holi and Shivratri the Sadhu's yogic holy
men and the devotees of shiva smoke it in the form of ganja and charas on a daily basis saying it
brings them closer to Shiva. but as you will see Hinduism is not only the Indo-Aryan religious
tradition to incorporate cannabis into its culture.
the Vedic religious traditions, the proto-religion of the Indo-Aryan people, served as the origin
for both Hinduism and Zoroastrianism. with Hinduism developing in the Indian subcontinent and
the faith flourishing in Iran. The Persian prophet, Zoroaster is believed to be the first to make a
mention of cannabis as a sacrament.in the Zend Avesta a collection of important religious texts
in Zoroastrianism, hemp appears first in a list of 10,000 medicinal plants. it was considered the
chief religious sacrament of the priests class,and was generally unavailable to the common
people. This priestly class would consume bhang, mixed with wine which is said that their
bodies rested while their minds went on a spiritual journey. In fact, many of our modern
conceptual imagery of heaven and hell come from Zoroastrian priest ardak wirah, who is known
to go on journeys to these realms through the use of bhang.
Back in India, a new religion was developing on the teachings of a sage named Siddhartha
Gautama. according to legends Gautama, the Buddha subsided on a diet of cannabis primarily in
the form of hemp seeds for six years before his revelations and his accent to Buddhahood. as he
sat beneath the bodhi tree for 40 days and 40 nights he consumed only a single hemp seed per
day. and while most sects of Buddhism have largely forgotten or ignored bhang important place
in the life of the spiritual movement called tantra sprung up in the 6 century weaving Hindu and
Buddhist belief into a new esoteric philosophy in which cannabis played a prominent role. in the
mahanirvana tantra, cannabis is said to assist in the great liberation. a prayer is contained in this
religious text that is supposed to accompany consumption of bhang or cannabis.when translated
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it meant "may this cannabis be a blessing to my heart".3 The Maha nirvana also states that bhang
is consumed in order to liberate oneself and that those who do in dominating their mental
faculties and following the yoga or the law of Shiva are to be likened to immortals on earth. by
the middle ages, cannabis became so popular. In fact, it was often consumed before battle much
in the way the alcohol was consumed in the west. They believed that the consumption of bhang
would make one's enemies possessed by spirits. a later religious tradition Sikhism, which finds
its roots in the tantra, forbids all drugs and alcohol with bhang being the exception. They call it
sukhnee than, meaning giver of peace.and when the Sikhs founder was presented with bhang by
the Mughal king Babur,he was so delighted as to offer his blessing for Babur to have his
kingdom for seven generations. This sukhnee than was especially popular with a group of Sikh
warriors known as the Nihang who consume it to this day. and while colonialism has largely
wiped out psychotropic plants the world over,the Sikhs received special permission from the
British imperialists to continue using sukhnee than.. in the late 1800 when opium and other drugs
of concern were made illegal in colonies a commission was set up who created a report on the
importance of cannabis in the Indian culture it concluded that suppressing the use of bhang
would be unjustifiable due to its ancient religious usage among Hindus and the view that it was
harmless when used in moderation
The Aryan tribes that settled in Iran went on to form the Persian empire whose rule reached from
the borders of India all the way to the land of Egypt by 500 BC. but some suggest that the
Egyptians had the knowledge of cannabis nearly 1500 hundred years before that. The oldest
complete medical text, the Ebers papyrus as well as other writings of the time
contain a reference to a plant Shum Shum to, which was created by the sun god ruuh and used in
ceremonies honouring the dead. it is believed by many to be none other than MARIJUANA.
Shum Shum to used medicinally was often combined with honey and used in topical medical
preparations for inflammation.whether this interpretation of Shum Shum to identity is correct or
not there is another evidence indicative of ancient Egyptian knowledge of cannabis. for example,
the goddess Seshat is almost universally depicted with a 7 pointed symbol often resembling the 7
pointed marijuana leaf above her head. similarly hemp fibres have been discovered in the tomb
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of akhenaten with hemp pollen found inside the mummy of ramses 2 who died nearly 700 years
before the persian conquest of egypt. both of these samples have undergone medical analysis and
have been confirmed to be weed there are also numerous hieroglyphs showing what appears to
be a smoking pipe or ceremonial incense burners. and while these have been attributed by some
to represent ceremonial use of blue lotus flower which itself is psychoactive most researchers
agree that the blue lotus was steeped in wine as opposed to being smoked. but while evidence of
ancient egyptian knowledge of marijuana's psychoactive properties is mostly circumstantial here
is an unmistakable written document by their greek counterparts. in fact the word cannabis
comes from an ancient greek translation of scythian word it is generally believed that hemp,
hanep in old english comes from the same gyptian source. but the grecian relation with cannabis
is not purely etymological. The greek historian herodotus was the first person to make any
mention of cannabis in western literature. he wrote extensively in the scythian people a nomadic
tribe that he had encountered in his many travels. according to herodotus the scythians used
cannabis in the manufacture of their clothes. They also used it in religious ceremonies
accompanying a funeral. They anoint and wash their heads and for their bodies set up three poles
leaning together to a point and cover these over with wool mats then in the space so enclosed to
their best of their ability they make a pit in the center beneath the poles and the mats and the
throw red stones into it. The scythians then take this kannabis and crawling into the tents throw it
on the red hot stones where it smulders and sends forth such fumes that no greek vapor bath
could surpass it the scythians howl in their joy caused by the vapors and while mainstream
historians tend to reject the idea that these particles found their way into greek culture there
appears to be evidence to the contrary. for instance the scythians, notorious for their warlike
nature, made up a large part of greek police force. it is highly unlikely then, that their unique
cultural traditions would not be continued during their tenure in Greece.
Herodotus makes reference of another nomadic tribe whose use of cannabis was not so
sacramental. He said, They have parties and sit around a fire, they throw some of it into the
flames. As it burn sit smokes like incense, and the smell of it makes them drunk, just as wine
does. As more fruit is thrown on, they get more and more intoxicated until finally they jump up
and start dancing and singing. Outside of these direct written references, it should also be taken
into account that the ancient Greeks had continuing conflict with Aryan tribes that went on to
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form Persian empire. It is very likely that through the Persian invasion, cannabis came to be
known in Greece. But regardless of how they first encountered it, ancient Greek physicians used
cannabis medicinally to treat a variety of conditions, such as edema and even tumors. It seems
impossible then, that it psychoactive properties would go unnoticed by the philosophically
minded among the ancient Greeks. While there is a little about this in academia, it is more likely
because of the taboo nature of entheogenic research and less so because Grecian use of cannabis
did not exist. Another possible reason for the limited information on the topic is that the
psychospiritual rituals of ancient Greek philosophers were heavily guarded secrets. While
generally shrouded in mystery, there are some indication of cannabis psychoactive use in ancient
Greece.
For one, we have ancient Greek writings of an incense known as scythian fire being used in the
cult of Asclepius, the god of medicine.Additionally, the thracians, another nomadic tribe living
amongst the Greeks, had within them a group known to the Greeks as Kapnobatai,or S 4moke
Walkers. These Smoke Walkers were dancers and shaman, who used the smoke hemp to bring
about a trancelike state. These Persian, Thracian and Scythian practices hardly went unnoticed by
the Greeks. In fact, the ancient Greek word, Cannabeizen, meaning to burn cannabis is believed
to have taken place in the form of incense burners burning cannabis along with frankincense
resin, which is also known to be psychoactive, as well as other fragrant resins such as myrrh and
balsam. It is not inconceivable, then, that such an incense may have played a role in some of
numerous divination rituals practiced in ancient Greece by the likes of Socrates and Pythagoras.
What is known for sure, though, is the cannabis found its way to Rome via their conquest of
Greece and appropriation of Greek Philosophy, science and art including Dioscorides Materia
Medica, a classic that influenced western medicine well into the middle ages. But perhaps some
of the most controversial references to cannabis in antiquity come from the Judeo Christian bible.
In the first half of the 20th century, the Polish anthropologist, Dr Sula Benet, discovered a
glaring error in the modern translations of the bible. She noted that the bible's many mentions
Sweet Calamus only went as far back as the Septuagint, as early Greek translations of the
Hebrew bible. The problem with this is that calmus has virtually none of the properties is
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purported to in the bible. Benet demonstrated that the original Hebrew script used the term
Kaneh Bosm which she believed was, without any doubt, cannabis. Aslam Babalal Desai vs
State Of Maharashtra on 15 September, 1992. In fact, Dr Benet believed that Kaneh Bosm may
even predate the cynthia term Kannabis. This Kaneh Bosm was referenced multiple times in the
old testament. Take for instance, Exodus chapter thirty, in which god instruct to Moses to make
holy anointing oil. And lord spoke to Moses. Take for yourself choice spices : Five Hundred
shekels of pure myrrh, half as much of fragrant cinnamon two hundred and fifty shekels of kaneh
bosm and five hundred shekels of cassia and mix these with olive oil. This holy anointing oil was
used to make the temple, the altar and quote Burned offerings most holy, and the bible says that
anything that that touches these, too, would become holy.Arjun Singh vs State Of Haryana on 21
August, 2004. This anointing oil, in the old testament and Judaism, was used to baptize the likes
of kings and priests, ultimately leading to the Hebrew term Messiah meaning The anointed one.
It is well documented in the old testament that a sacred incense, burned offerings, and a holy
anointing oil containing kaneh bosm, were an established part of the rituals of ancient israelites.
These ceremonies were conducted in a tabernacle, a temple similar to that of their scythian
counterparts, who have been shown through ancient historical sources to have traded with and
occasionally fought against the ancient Jewish people. it is not surprising,then, that the old
testament describes kaneh bosm as being an exotic herb from a far away land. but the new
testament makes basically no direct references to kaneh bosm itself. it seems that the answer may
very well be. It is highly likely, then, that he was aware of the formula of the anointing oil. In
fact, while the new testament does not mention kaneh bosm directly, anointing seems to be a key
part of jesus ministry. They anointed the 12 disciples, and then sent them out to anoint others in
the holy oil. as put in mark 6: 13 they were casting out many demons and were anointing with oil
many who were sick, and healing them. There are many references throughout the bible to jesus
anointing and healing those throughout the region. references to casting out demons may, in fact,
be referring to epilepsy, which cannabis oil is known to treat. Anyone who makes a blend like it
or anoints someone other than a priest will be cut off from the community. is it possible, then,
this could have played in the hebrew elders contention towards jesus, or their decision to
condemn him to death ? whether you believe in the historicity of jesus or not, it is clear that the
anointing oil was extremely special to early Christians. while the gospels found in the bible
appear to confirm jesus anointing oil, they are just small fraction of the Christian gospels of
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antiquity. before the canon of jesus life was solidified by the roman emperor constantine in the
3rd century, a number of early Christian sects, collectively known as the gnostics meaning
knowledge, all had their own interpretations of Christianity. in one such work, the gospel of
philip, the author says the anointing is superior to baptism. for from the anointing we were called
anointed ones, not because of baptism. and christ, too, was ( so ) named because of the anointing,
for the father anointed the son, and the son anointed the apostles, and the apostles anointed us. (
therefore ), he who has been anointed has the all. he has the resurrection, the light, the holy
spirit.( if) one receives this unction, this person is no longer a Christian but a christ. similarly, the
gospel of truth says that jesus came specifically, so that he might anoint them with the ointment.
The ointment is the mercy of the father,those whom he has anointed are the ones who have
become perfect. and the gospel of thomas, thought by many to be the earliest Christian text. The
anointing oil is praised more specifically as a plant derivative. holy oil, given us for
sanctification, you are the unfolder of the hidden parts. you are the one who shows the hidden
treasures. you are the plant of kindness. let your power come by this ( unction ). But when the
Romans, the former persecutors of the Christians, who had fed them to lions, decided to make
Christianity the official state religion, and decided exactly which version of Christianity would
be practiced, all of these early gnostic practices became punishable by death ; being conveyed in
a symbolic manner before, ultimately failing by the wayside. Interestingly enough, it is almost as
if Jesus saw this coming. as he is quoted as saying in mark 4 : 11 - 12, to you has been given the
secret of the kingdom of god, but for those outside everything is in parables : so that they may
indeed see but not perceive,and may indeed hear but not understand, it’s worth noting that
Judaism and Christianity aren’t the only monotheistic, religion where cannabis played a role. in
the 7th century, the Persian empire, once home to Zoroastrians and scythians alike, was in
decline. a religion arose, rejecting the pagan, tribal religions of the arabs. This new faith, Islam,
had its root in the Abrahamic or judeo Christian, religious traditions. Islam's founder, the Prophet
Muhammad, was very direct forbidding intoxicants ; but seems to refer specifically to alcohol.
could it be that he, too, used cannabis ? Both the hadith and the qur an describe a night journey in
which Muhammad flew on the back of a winged horse, ultimately visiting heaven to speak with
Allah. Some sects of Islam.
- 17 -
C. Myth about Cannabis
The Plant Cannabis is not a synthetic drug rather it is a natural herb that lets individuals explore
them and enhance Relaxation. It is a Source of Recreation and Rejuvenation.
The herb is behind bars mostly as it threats the pharmaceuticals and the liquor industries.
Pharmaceutical companies produce painkillers and medicines. According to Washington post
reports, The country legalized marijuana have seen the drop in the uses of painkillers and
liquor. The NGOs in India have been against marijuana so they makes a negative perception
against marijuana. It has been proven in studies that consumption of the plant strain in limit is
neglectable harm. Infact, the damage caused on human body and the human organs by liquor and
painkillers is more harmful than smoking pot. By Legalising marijuana in India, it will be a “my
choice” way of dealing with the issue.
Black Market produces in India grow more than 60000 kgs per year. The profit for the weed goes
to the Peddlers pocket and the government bodies supporting them. The amount of Tax benefit
the country will get can help reducing poverty and build job opportunities.
This Sacred Herb is used in America and other countries not only for medical purposes and
Recreational Purposes but also the stem of the plant (HEMP) is used as supplements for plastic
products also Body care, Food Supplements. The Economy of United States of America is
boosting rapidly by the growth of Hemp Industry. It is Estimated, In 2020 the United States of
America economy reaches 44 Billion Dollars as Hemp Industry is creating job opportunities
more than the manufacturing sector.
The stigma says it's a poor man drug, and it had been rumored that Marijuana(Ganja) is a
Gateway Drug to the Synthetic Drugs available in the market i.e Cocaine, Meth, Heroine, LSD.
The reality is more opposite to this, Marijuana doesn’t guide you to these Synthetic Drugs rather
helps to reduce the consumption of these synthetic drugs. In India the market of the synthetic
- 18 -
drugs has increased after the ban on Marijuana, the consumption of these drugs had been
increased and the people started falling addict to these drugs. In the Netherlands after the
legalization of marijuana, the crime rate has fallen drastically, the awareness towards the plant
has increased and the production supply and consumption has been regulated.5
D. THC and CBD:
Cannabis is a plant that grows naturally and has been used within textiles and even traditional
chinese medicine for thousand of years. genesis 1;12 even tells us " i have given you all the seed
bearing plants and herbs to use. now cannabis is made up of hundreds of different chemicals but
two of those chemicals are by far the most interesting. That is CBD and THC. so CBD is where
almost all of the medicinal properties lie it is an incredibly fascinating part of the plant with real
potential to help people it also is totally non intoxicating you could take a bath in the stuff while
vaping pure CBD and drinking a CBD smoothie and you still could not get high. now for as
interesting and remarkable a part of the plant CBD is, it actually makes up a really tiny
proportion of the commercial market. The real money is being made in that other chemical : in
THC.
THC is the natural part of the plant that gets you high and before the 1970s cannabis contained
less than half of a percent of THC. That is what is naturally occuring. Over the last 10 years as
we have become better gardeners that percentage of THC started to slowly but steadily rise. Until
recently, when the chemists started to get involved. These guys moved cultivation exclusively
indoors and they make grow cycles extremely and unnaturally short. They also started to use
pesticides and fertilizers in some ways we should be concerned with. In fact for this i was
interacting with a guy who had just left a job at a commercial grow operation because he was so
concerned with the chemicals that he was being asked to interact with. some of his fellow
employees were encouraged to wear hazmat suits while they were spraying the chemical
5
The Economic Times. (2019). Tobacco - Cons. Products - Industry - The Economic Times. [online] Available at:
https://economictimes.Indiatimes.com/industry/cons-products/tobacco [Accessed 30 May 2019].
- 19 -
cocktails on the plants with that kind of manipulation the products that are being sold today can
contain above 30 percent of THC and our concentrates can actually contain above 95 percent
THC. A far cry from the natural plant. If anyone ever visited one of the thousand of dispensaries
that have sprung up in the recent years you know what is really selling them is THC. all of the
weed that is buyed commercially lists exactly how much THC it contains. as do our other much
more popular products like vape pens coffee etc.
The vast majority of cannabis that is being sold today is not cannabis. it is THC either in a pure
form or in an extremely high and unnatural concentration. To say that some countries have
legalised weed is subtly misleading. They have commercialised THC. and it has happened really
quickly. now the reason why the commercial market has so rapidly exploded because there is a
hell lot of money to be made in satisfying and increasing our desire to get high. and that money
is no longer really made by the mom and pop shops. so industry groups and corporations like the
drug policy alliance, the marijuana policy project, the cannabis industry organisation. They have
chased out and helped to chase out a lot of the small time growers.6
This is a whole new industry that grows a lot of India's economy but it must not be used as a
medium of commercializing THC the benefits of marijuana is more than is more than just
recreational. and India is one of the leading Ayurvedic medicine believers and also the
production of natural marijuana in India higher than the rest of the countries legalised the sacred
plant. It can make us believe that we needed for a social or medical use when it's not. It has been
used in textiles and medicines for thousands of years in India and China. This plant contains
Medicals most interesting is THC and CBD. CBD is the better part that helps and makes the
most of the medical industry whereas it does not get you intoxicated. Growing the plants
unnaturally using chemical fertilizers and reducing the growing span has Manipulated and the
product is being used at 30% of THC and concentrated products contain more than 95% of THC
Production of edible also contains and is being used for the sole purpose of consumption of
THC
6
Cort, B. (2019). Transcript of "What commercialization is doing to cannabis". [online] Ted.com. Available at:
https://www.ted.com/talks/ben_cort_surprising_truths_about_legalizing_cannabis/transcript?language=en [Accessed
30 May 2019].
- 20 -
E.Medical Benefits:
Similarly, Cannabis heals leprosy, which has commonly be treated with cannabis in many
ancient cultures. The is also have said to healed a blind man. In modern times, we know cannabis
to successfully treat glaucoma. but outside of his many healing miracles, jesus anointed people,
namely to introduce the holy spirit into them.. as stated in the first epistle of saint john, i am
writing to you in this way about those who would deceive you, but the oil you received from him
remains within you, and you really need no teaching from anyone ; simply remain in him, for his
oil teaches you about everything and is true and is no lie remain in him as his oil has taught you
to do. This anointing of common people, and further, gentiles, or non - jews is in direct violation7
of hebrew law, as god dictated to moses in exodus :
Diarrhoea gastric appetizers Diabetes Jaundice
pain-related illnesses such as Parkinson's, multiple sclerosis, Crohn's disease, other chronic pain
and post-traumatic stress disorder
Alzheimer-The evidence is strong that regular, moderate use of cannabis helps to delay the onset
and progression of Alzheimer’s disease and other neurodegenerative conditions.
Cancer - On balance, while there is excellent evidence of anticancer properties in vitro (human
cell lines) and in vivo (animal) studies, there is little evidence of actual results in humans except
in the treatment of basal cell carcinoma.
Chronic Pain- There is a large quantity of good quality evidence, including clinical trials with
placebo controls, that demonstrate the efficacy and safety of cannabis in treating chronic pain.
Crohn’s Disease- Recent clinical trials have produced dramatic results with 50% of Crohn’s
patients achieving complete remission and over 90% achieving substantial improvement. The
7
Bmj.com. (2019). [online] Available at:
https://www.bmj.com/sites/default/files/response_attachments/2015/03/Medicinal%20Cannabis%20The%20Eviden
ce%20V1.pdf [Accessed 30 May 2019].
- 21 -
evidence for the use of cannabis in Crohn’s, ulcerative colitis and other forms of inflammatory
bowel disease (IBD) is conclusive.
Multiple Sclerosis- There is a clear consensus amongst scientists and doctors that cannabis is
safe and effective as a palliative treatment for MS. Further promising research is underway into
whether cannabis may have a curative effect by promoting repair of the myelin sheath.
2. Industrial Hemp
A. Hemp: An Alternative to Plastic
Industrial hemp can create jobs in these counties where unemployment is well above the national
average. The work earnings would then result in a significant multiplier effect for poor
agricultural counties in Kentucky. Multiplier effects result in more money in circulation to pay
for basic retail items such as food, transportation, clothing, health, and housing.
Hemp can have a positive environmental impact. Hemp requires very few pesticides, which is
significant for Kentucky’s land and water. The UK study states that industrial hemp does not
need herbicides, but most agricultural experts, including references cited in the appendix,
maintain that under some growing circumstances a small amount of herbicides is used for
industrial hemp. Another byproduct is that when crops are rotated on acreage that has grown
industrial hemp in the previous year, crop yield for the new crop can increase 10 to 15 percent.
These estimates might be conservative. In Austria, farmers claim that the crop rotation after
hemp cultivation brings up to 25 percent more yield.8
Hemp has repine been upgraded for its strong fibers, nutritious appraise, and medicinal benefits,
not for any opinion-altering execution combined with full drug of tetrahydrocannabinol (THC),
the main reagent behind the plant’s high.
8
Thompson, D., Berger, D. and Allen, S. (1998). Economic Impact of Industrial Hemp in Kentucky. [ebook] Kentucky.
Available at: https://www.votehemp.com/wp-content/uploads/2018/09/hempstudy.pdf [Accessed 30 May 2019].
- 22 -
In event, since the produce of THC-affluent cannabis crop requires selective cultivation
techniques that undermine the plant’ fitness for industry, the branch, the root, the flower
spontaneously retained their disjoined identities over the centuries. And the new generation
defines for Industrial hemp generally bend on its intended use in Industry and its low
concentrations of THC. In other speech, industrializing hemp is a source for increase of jobs and
competing with the globe, and not legitimize a recreational drug.
Hemp is an annual growing up to 5m in height (16ft). It is one of the most efficient plants known
for its ability to utilize sunlight to photosynthesize. The drug (THC) is found in glandular hairs
on the leaf, stem and the unfertilized female flowers.
Hemp cultivars have been selected for seed and fiber production and the THC levels are very low
to zero in a couple of French varieties. Male plants die soon after flowering while female plants
live to mature seed stage. This is why monoecious plants are desirable for seed production, as all
plants would be at the same maturity at harvest time, and all bear seeds.
The origin of hemp is thought to be Asia, where it can be found in the wild from Iran to southern
Siberia, India, Nepal etc.
As a medicinal plant, various hemp/marijuana plant parts are said to relieve constipation, pain
killer, sleeplessness and nervous exhaustion. It has been suggested that hemp also eases
menstrual pain, migraines and rheumatism. In some areas (where legal) it is used for the
reduction of effects from radiation and chemotherapy.
Because of hemp's ‘illegal’ status in many parts of the world, modern techniques of plant
breeding and genetic selections have not been done. When compared to corn and wheat, for
example, the development of hemp as a crop is in its infancy.9
9
www.hemptrade.ca
- 23 -
Graphical Representation of Hemp Products; Hemp Industries Association(HIA)
Jaipal Singh vs State on 22 August, 2016
- 24 -
Flow Chart Representation of Hemp Products; Hemp Industries Association (HIA)
B. Comparison of Hemp and Marijuana
There are many different varieties of cannabis plants. Marijuana and hemp come from the same
species of plant, Cannabis sativa, but from different varieties or cultivars. However, hemp is
genetically different and is distinguished by its use and chemical makeup.
Hemp, also called “industrial hemp”, refers to cannabis varieties that are primarily grown as an
agricultural crop (such as seeds and fibre, and by-products such as oil, seed cake, hurds) and is
characterized by plants that are low in THC (delta-9 tetrahydrocannabinol, marijuana’s primary
psychoactive chemical). THC levels for hemp are generally less than 1%.
- 25 -
Marijuana refers to the flowering tops and leaves of psychoactive cannabis varieties, which are
grown for their high content of THC. Marijuana high THC content is primarily in the flowering
tops and to a lesser extent in the leaves. THC levels for marijuana are much higher than for
hemp, and are reported to average about 10%; some sample tests indicate THC levels reaching
20% - 30%, or greater.
A level of about 1% THC is considered the threshold for cannabis to have a psychotropic effect
or an intoxicating potential. Dri vs . Rajesh Chauhan & Ors. Page No. 1 Of on 13 July, 2015.
E.OUR HOPE FOR SOMETHING PURE AND NATURAL IS MAKING IT HARD FOR
US TO SEE WHAT IS REALLY GOING ON.
That is that the rich are getting richer on the backs of the poor and lying to our faces the entire
time. I fear that we are allowing industry to take advantage of the most challenged among us in
order to turn a profit much like we saw with tobacco and food in years past. so when we told the
food industry that we understood the impact our choices were having and then when we
demanded better for ourselves and our families,that industry got into line so is there any reason
why we could not demand the same thing from this and the future industries who are trying to
get a piece of our paychecks.what if we made these guys answer some hard questions. what if we
held them to a higher standard than we are right now. Because as it stands for many in our
community the grass is not greener on this side of commercialization. They have just been sold a
bag of goods.10 Selvaraj, S/O Gnanadesihan vs P. Viswanathan on 22 July, 1999 Equivalent
citations: 1999 (2) ALD Cri 438, 1999 CriLJ 4766, 1999 (2) CTC 652.Sudhir Vasant Karnataki
vs The State Of Maharashtra on 29 November, 2010. Shyni Varghese And Ors. vs State (Govt.
Of Nct Of Delhi) And ... on 15 February, 2008. State vs . Anil Kumar on 29 October, 2018.State
vs . Sanjay Etc. on 5 May, 2015
10
30 May 2019].
- 26 -
C. Selected Strategy :
􀁸 Policy implementation for starting HEMP field.
􀁸 Policy will clear all the regulations and steps one need to take care before & after starting the
cultivation.
􀁸 Incentive process is there, people willing to contribute in the HEMP industry can start
cultivating HEMP in a mechanism viz. If FARMER X has a wheat field then he has to continue
his farming and he can't convert his field to Hemp field in total. Only 30 % of any field can be
used for HEMP cultivation or one can invest and take permission for HEMP cultivation on
designated agro- based govt. land.
􀁸 Every 70 days Industry Vehicles(2-Axle Trucks) can go and collect the raw material till the
season ends.
􀁸 At every collection the vehicle will accompany a graded officer who will take the account of
raw material collected from each individual.
􀁸 Payment process is another mechanism where farmers can grow Hemp (only if they have
permission) and contribute it for the industry, tax free market. So, the payment for raw material
depends on the quality and quantity one produces.
- 27 -
􀁸 Growers have a profit in industry and market too, whatever is the total produce of HEMP
processing industry will be judicially distributed as bonus
or incentives again to all the employees and growers as well.11
􀁸 Industrial area existing and a new area as well will be used as Industrial location for
processing.
􀁸 Processing Industry will include units of manufacture & process like fibre and pulp extraction,
handmade paper, cattle feed, building material etc.
􀁸 Extracted material can further be used to export to major CLOTH & PAPER industries & this
share of money can be kept as development & maintenance part of the Industry.
D. Estimations made:
Total land acquired for plantation of HEMP field purpose is 315 Ha, which approximately will
yield an average of 8 tonne raw material per Ha giving about 2520 tonne of raw material.
Usable Bast & Hurd Extraction is 35 % of the total raw material i.e. 882 tonne of fibre and pulp.
If we take the whole input and output according to the modern rates then this 882 tonne yield can
become a 22 crore industry alone at this place by selling raw material only.
11
En.wikipedia.org. (2019). Crohn's disease. [online] Available at:
https://en.wikipedia.org/wiki/Crohn%27s_disease# [Accessed 30 May 2019].
- 28 -
Estimated Prices & Revenues of Hemp Commodities,
Food and Agriculture Organization, United Nations 2001
- 29 -
Chapter 3 : Legalisation Issues
It harder and harder to turn around recently without seeing words like "free range" "farm to
table" "organically produced". now as we have become more conscientious of the way that we
eat in the recent years these once unfamiliar words have worked their way into our daily lexicon.
when we started to pay more attention to the way that the food we are eating interacted with our
bodies and then with the earth the food industry had to listen. and the results have been really
powerful words like "all natural and "homegrown" are not just being used in our diets there is
this whole new industry using this language now. The industry is of weed. An industry that taxed
the sale of about 6 billion dollars of product in 2016. so what if i propose to you that some of
what you think you know about this legalised marijuana thing could be wrong? talking about
issues with legal weed is a pretty way to get uninvited from the cool kids table. first before i get
started let me be perfectly clear about one thing my fight is not about the casual adult use of
marijuana, what i care deeply about is this new industry that is working to convince us that we
are consuming something natural while fixing social ils, when we are not.12
12
30 May 2019].
- 30 -
Legalisation in Major Countries
A. A Report on 25 Countries
Sno. Countries Legalised In Recreational Medical Years Ranking

year Purpose Purpose Upto of World
2020 Happiness
Report
2019
(Score)
1 USA 1996 33 States have Legal 24 18th (6.89)

(excluding 4 First State legalised Years
states) California
2 Australia February 2016 Legal Legal 4 Years 10th (7.27)
3 Argentina 2009 by Decriminalized Accepted 11 29th (6.39)

supreme court for personal use but legal Years
4 Bermuda 2016 Decriminalized Legal 4 Years

since 2017
5 Canada 2001 Legal Since Legal 19 7th (7.33)

October 2018 Years
6 Chile 2015 Illegal but Legal 5 Years 25th (6.48)

Allowed in
Private homes
7 Colombia 2012 Decriminalized Legalised 8 Years 37th (6.26)
- 31 -
for Personal use in 2015
8 Croatia 2015 Minor Offence Legal 5 Years 82nd (5.32)
9 Cyprus 2017 Illegal with Legal 3 Years 61st (5.76)

Criminal
Offence
10 Czech 2010 Decriminalised Legalised 10 21st (6.71)

Republic in April Years
2013
11 Finland 2014 Illegal Extremely 6 Years 1st (7.63)

limited
group
12 Georgia 2018 Legal Legal 2 Years 128th

(5.34)
13 Germany 2016 Minor Offence Legal for 4 Years 15th (6.96)

Serious
Illness
14 Greece 2017 Illegal Legal 3 Years 79th (5.36)
15 Israel 1990 Decriminalised Legal 30 11th (7.19)

in April 2019 Years
16 Italy 2016 Decriminalised Legal 4 Years 47th (6.00)

but strictly
Regulated
17 Mexico 2017 Decriminalised Legal with 3 Years 24th (6.49)

in 2009 not excess
- 32 -
to 1%
THC
18 New Zealand December 2018 Illegal Legal 2 Years 8th (7.32)
19 Peru 2017 Decriminalized Legal 3 Years 65th (5.66)
20 Portugal 2001 Decriminalized Legal 19 77th (5.41)

Since 2018 Years
21 Sri Lanka 1961 Legal Legal 79 116th

Years (4.47)
22 Jamaica 2015 Minor Offence Decrimina 5 Years 56th (5.89)

lised
23 Thailand 2018 Illegal Legal 2 Years 46th (6.07)
24 Switzerland 2011 Decriminalized Legal 9 Years 5th (7.48)

since 2012
25 India 1961 Illegal but Illegal 133rd

Available (4.19)
B. Laws on Marijuana Worldwide
Marijuana Laws In United States
- 33 -
Legal Use of Marijuana in United States
TOTALLY AVAILABLE WITHOUT PRESCRIPTION

DOCTOR’S PRESCRIPTION REQUIRED
THC CONTENT RESTRICTED
TOTALLY PROHIBITED
13
[Well-Being Cannabis] – US Farm Bill authorising hemp first real step towards cannabis
legalisation in the US in almost 50 years
On 12 December 2018, the House of Representative passed the 2018 Farm Bill, signed into law
by President Trump on 20 December 2018. The Bill legally defines “hemp” as any Cannabis
sativa plant with THC below 0,3%, and legalises the production thereof. It also removes hemp
13
En.wikipedia.org. (2019). Medical cannabis in the United States. [online] Available at:
https://en.wikipedia.org/wiki/Medical_cannabis_in_the_United_States [Accessed 30 May 2019].
- 34 -
from the Controlled Substances Act, which means that it will no longer be an illegal substance
under US federal law. The US Food and Drug Administration (FDA) issued a related statement
on the regulation of cannabis-derived products on 20 December, announcing “new steps” to
better define its public health obligation in this area.
Statement from FDA Commissioner Scott Gottlieb, M.D., on signing of the Agriculture
Improvement Act and the agency’s regulation of products containing cannabis and cannabis-
derived compounds. we recognize the potential opportunities that cannabis or cannabis-derived
compounds could offer and acknowledge the significant interest in these possibilities. We’re
committed to pursuing an efficient regulatory framework for allowing product developers that
meet the requirements under our authorities to lawfully market these types of products.
US ‒ Epidiolex, the first FDA-approved plant-derived cannabinoid medicinal product, available

on prescription in the US.
On 1 November 2018, GW Pharmaceuticals announced that its cannabis-based medicine

Epidiolex became available in the US (50 states) following the rescheduling of FDA-approved
medicines containing plant-derived CBD (with no more than 0.1% THC) in schedule V of the
US Controlled Substance Act (i.e., including substances with the lowest potential for abuse).
US – Cannabis among ballot measures for 2018 midterm elections.
The legalisation of medical or recreational cannabis figured within the ballot measures in four
US states in the US midterm elections of 6 November 2018. Whereas Utah and Missouri voted
for the legalisation of medical cannabis, Michigan became the first Midwestern state to legalise
recreational cannabis.
US – WASHINGTON – State regulators approve new rules for marijuana edibles.
- 35 -
On 12 December 2018, the Washington State Liquor and Cannabis Board issued a new interim
policy regarding the packaging and labelling requirements for cannabis infused edible products.
This interim policy has been taken in order to clarify the rules for licensees, protect the public
and to reduce risk of accidental exposure to cannabis derived products by youth and children.
Marijuana Laws in Argentina
Argentina’s Law 23737 of 1989 punishes drug possession with imprisonment of one to six years
and a fine. Article 14 of the Law also punishes the possession of small quantities of drugs for
personal use. However, the penalty in such cases is imprisonment for one month to two years,
which can be replaced by detoxification and rehabilitation treatment.
In the 2009 Arriola decision the Supreme Court declared the penalty provision (second
paragraph) of article 14 unconstitutional as a violation of article 19 of the National Constitution
(NC), which provides as follows:
The private actions of individuals, which in no way offend public order or morality,
nor injure a third party, are only reserved to God and are exempted from the authority
of judges. No inhabitant of the Nation shall be obliged to perform what the law does
not demand nor deprived of what it does not prohibit.
1. Tamizharasi And Another vs Assistant Director, Narcotic ... on 14 December, 1994

2. Teru Majhi & Anr vs State Of West Bengal & Ors on 3 April, 2014
3. The State Of Punjab vs Baldev Singh on 21 July, 1999
Vijay Chaudhari vs The State Of Madhya Pradesh on 2 July, 2018
The Arriola case involved five individuals who were arrested when leaving their house with
small quantities of marijuana. The Supreme Court concluded that criminalizing the possession
of drugs for personal use when it does not pose any danger or harm to others is a violation of NC
article 19. It also ruled that personal use protected under the NC must not affect others, and that
possession for personal use must be determined by the small quantity of the drug in question.
- 36 -
The ruling does not specifically state what amounts are considered “small amounts” for personal-
use purposes. The broad language used in the ruling, coupled with the fact that decisions
rendered by the Supreme Court are only applicable to each individual case and do not bind other
lower courts, has led other courts to continue prosecuting drug users. Therefore, each judge has
the authority to determine the quantity and circumstances that qualify as “personal use.”
In the Arriola case, the Supreme Court did not decriminalize the use of marijuana in general. It
only ruled that it is unconstitutional to impose criminal penalties on an adult who consumes a
small amount of marijuana in a private setting with no harm to others.
On April 2016, the government reportedly announced that it will send a bill to Congress that
would amend Law 23737 to set clear limits and amounts on drugs for purposes of establishing
personal use in order to avoid the confusion created by the Arriola decision14.
On August 25, The Supreme Court of Argentina struck down a dirty war-era law criminalizing
possession of even the smallest quantities of marijuana. In the decision, the Supreme Court ruled
that possession of small quantities of marijuana for personal use is protected by Article 19 of
Argentina's Constitution, which states: "private actions that in no way offend public order or
morality, nor are detrimental to a third party, are reserved for God and are beyond the authority
of legislators." The BBC reports that Argentine Supreme Court President Ricardo Lorenzetti
said, "The state cannot establish morality," and that private behaviour is legal "as long as it
doesn't constitute a clear danger." The ruling came as no surprise; it was preceded by public
forums in which Argentine judges and legislators called for decriminalization at the international
level and lower court decisions that moved the country closer and closer to decriminalization. In
2007, Congress passed a law legalizing medical marijuana. The Supreme Court decision means
that Argentina's Congress, which reportedly supports the ruling, is likely to amend existing drug
laws in the near future so that they comply with the Court's decision. The Supreme Court has
made it clear that its decision only applies to marijuana, and even then only for adults' personal
use. However, it remains to be seen if Congress will choose to clarify "personal use"--it could do
14
Loc.gov. (2019). Decriminalization of Narcotics: Argentina. [online] Available at:
https://www.loc.gov/law/help/decriminalization-of-narcotics/argentina.php [Accessed 30 May 2019].
- 37 -
as Uruguay has done and leave that determination for judges to make on a case-by-case basis.
Until the Argentine Congress passes legislation that lays out exactly what constitutes personal
use, "judges will make decisions on a case-by-case basis according to the criteria laid out by the
Court," said Alejandro Corda from the Argentinian organization Intercambios. Corda told
Argentina's Clarin that his organization is concerned that some judges will resist applying the
Supreme Court's decision until the government lays out specific criteria for what constitutes
"personal use." In decriminalizing small amounts of marijuana and other drugs for medical or
other purposes, governments have defined "personal use" differently across the American
continent. In the United States, for example, Michigan residents with a doctor's prescription can
grow up to twelve marijuana plants at a time for personal use. This gives Michigan residents a
legal way to obtain and consume their medical marijuana. Mexico's recent decriminalization of
simple possession of marijuana, heroin, LSD, and cocaine took a decidedly different route.
Mexico's Congress decriminalized the possession of very small quantities of those drugs and
now treats simple possession as a public health issue rather than a criminal one. However,
sharing, selling, buying, giving away, or in any way exchanging those drugs is still illegal,
meaning that there is still no legal way for users to obtain the legally allowable amounts of their
drug of choice. Mexico's new 5-gram limit on legal marijuana possession is far too small to
allow Mexicans to grow marijuana for personal consumption. Mexico's new drug policy might
alleviate some pressure on Mexico's judicial and prison systems by keeping minor offenders out
of them, but it's far from a radically new or innovative drug policy. Breaking with US Drug
Policy The Argentine Supreme Court made it very clear in its decision that it does not support
the full decriminalization of marijuana, only small quantities for personal use. In its decision, the
Supreme Court encourages the government to go after "the real enemies": big-time drug
traffickers. The Argentine Court's decision comes at a time when many Latin American
governments are changing their drug policies in light of overwhelming evidence that the current
model of prohibition simply does not work. Earlier this year, former presidents César Gaviria of
Colombia, Ernesto Zedillo of Mexico and Fernando Henrique Cardoso of Brazil issued an
international call to do away with prohibitionist strategies in favor of public health-based
strategies. Unfortunately, Mexico and Colombia have not heeded their former presidents' call to
"rectify the 'war on drugs' strategy pursued in the region over the past 30 years." Both countries
treat drug use as a health issue, not a criminal one. However, both countries simultaneously wage
- 38 -
bloody wars on drug trafficking organizations. Instead of truly re-thinking the failed war on
drugs strategy, their decision to decriminalize simple possession serves to mask the increasing
militarization of those countries. Mexico, for example, in decriminalizing simple possession,
simultaneously approved new anti-drug laws that provide federal mandatory minimum
sentencing for small-time street dealers (completely ignoring the glaring difference between
street dealers and drug barons). The new laws also gave police vastly expanded powers such as
warrantless house searches and the ability to carry out undercover intelligence operations. The
Mexican military has been performing policing duties since the beginning of the Calderon
administration, resulting in skyrocketing human rights abuses and executions. Rather than
moving away from the failed war on drugs strategy, Mexico and Colombia have chosen
militarization at the expense of public safety. Even though Mexico and Colombia have chosen to
further entrench their US-supported wars on drugs, many other Latin American governments are
breaking with US drug policy. While no Latin American nation has completely legalized or
decriminalized drugs, many countries are experimenting with innovative drug policies that are
crafted specifically for that country and its context, rather than the blanket US-style prohibition
policy that has dominated the continent in the past. Many of these countries now distinguish
between drug users, small-time dealers, and major drug trafficking organizations. Latin
American governments' new drug policies offer Argentina a variety of possibilities for its own
new drug policy as it moves toward decriminalization. In Venezuela, for example, simple
possession of marijuana and cocaine is legal. If the user is caught with more than the allowable
amount, or with a drug other than marijuana or cocaine, a judge must consider the suspect's
circumstances in sentencing and can choose a suspended sentence. Venezuelan President Hugo
Chavez cancelled his country's cooperative agreement with the US Drug Enforcement Agency
(DEA), charging that it supported drug trafficking and was used to "conduct intelligence
operations against the [Venezuelan] government." Chavez used his break with the DEA as an
opportunity to craft a new drug control strategy that has actually increased cocaine interdiction in
Venezuela. When Bolivians elected indigenous coca grower Evo Morales as their president, they
opened the door for a new coca policy: "Coca yes, cocaine no." Following in Chavez's footsteps,
President Morales kicked the US Drug Enforcement Agency (DEA) out of the country. He has
drawn a distinction between cooperative growers who cultivate coca for traditional uses, and
drug trafficking organizations that convert coca into cocaine for the international market.
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Marijuana possession remains illegal in Bolivia. Ecuador's President Rafael Correa has called on
his government to review its drug policy, which he calls "barbaric." "According to the law, the
head of the Cali cartel is the same as a poor, single, unemployed mother who made the mistake
of transporting 300 grams of drugs," says Correa. Ecuador's drug laws "are from the '90s [and]
were imposed by the United States on all Latin American countries." Martin Jelsma, director of
the Transnational Institute's Drugs and Democracy Program, told BBC that the Ecuadorian
legislature is expected to introduce a new law this month that "would not only decriminalize use
but also lower the penalties for the 'micro-commerce' of illicit substances." President Correa
wants to reduce punishments for poor people who have found themselves forced by their
economic situation to work as drug "mules," transporting relatively small quantities of drugs on
their bodies for drug cartels. Correa asks, "Can you believe that an unemployed person who is
not a criminal but decides to travel with drugs goes to prison for 12 or 16 years? That is absurd.15
MEXICO
COFEPRIS authorises the first 38 non-prescription cannabis products in Mexico. On 21

November 2018, the Ministry of Health, through the Federal Commission for the Protection
against Sanitary Risks (COFEPRIS), announced the authorisation of the first 38 cannabis
products, including food products, food supplements and cosmetics, following guidelines
published by the Commission on 30 October 2018. All these products contain less than 1% THC,
but contain other cannabinoids such as CBD.
Supreme Court declares ban on recreational cannabis use unconstitutional. On 31 October 2018,
Mexico’s Supreme Court ruled that an absolute ban on recreational use of cannabis was
unconstitutional in the latest two of five similar rulings on the matter, effectively leaving it to
lawmakers to regulate consumption of cannabis in Mexico. The Court ordered federal health
regulator COFEPRIS to authorise people seeking the right to use cannabis to do so personally.
15
Transnational Institute. (2019). Argentina Legalizes Personal Marijuana Use. [online] Available at:
https://www.tni.org/my/node/4516 [Accessed 30 May 2019].
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Mexico introduces bill to legalise recreational cannabis use. On 8 November 2018, and following
two rulings by the Supreme Court holding Mexico’s ban on recreational cannabis use
unconstitutional, Interior Minister Olga Sanchez Cordero proposed a bill to legalise cannabis. If
it passes, each person will be allowed to have up to 20 plants at a time for personal consumption.
The bill would also include regulating and monitoring production, sales, and consumption.
Marijuana Laws in Canada
Canadian Cannabis Act legalises recreational cannabis
On 17 October 2018, Canada became the first country in the G7 and the second country in the
world (after Uruguay) to legalise the marketing of recreational cannabis.
Proposed amendments to Cannabis Act and Regulations authorising the sale of new classes of
cannabis products
On 22 December 2018, the Government of Canada (Department of Health) proposed to amend

Schedule 4 to the Cannabis Act and the Cannabis Regulations to add three new classes of
cannabis that could be legally sold by federal licence holders and provincially and territorially
authorised distributors and retailers (“edible cannabis”, “cannabis extracts”, and “cannabis
topicals”). The proposal is subject to a public comment period ending 60 days following its
publication.
RECREATIONAL CANNABIS CANADA
Canadian Securities Administrators publish guidance on good disclosure practices for issuers in
the cannabis industry. On 10 October 2018, the Canadian Securities Administrators (CSA)
published guidance on good disclosure practices for issuers in the cannabis industry so that
investors are provided with transparent information about financial performance and risks and
uncertainties, to support informed investing decisions. The guidance follows the review of
disclosures of 70 reporting operating issuers, and identified specific areas where issuers are
expected to improve their disclosure.
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CANADA
Unequal treatment for cannabis retailers across Canada. On 19 November 2018, one month after
Canada legalised recreational cannabis, Alberta issued nearly 70 private retail licences, while
British Columbia issued only one to a public retailer and another to a private store. Businesses in
British Columbia remain in the dark about when their applications will be approved.
C.Laws in European Union (EU)
Current laws regulating hemp cultivation in the European Union (EU) and Canada use 0.3%
THC as the dividing line between industrial and potentially drug-producing cannabis. Cultivars
having less than 0.3% THC can be cultivated under license, while cultivars having more than
that amount are considered to have too high a drug potential.
Some also claim that industrial hemp has higher levels of cannabidiol (CBD), the no
psychoactive part of marijuana, which might mitigate some of the effects of THC. A high ratio of
CBD to THC might also classify hemp as a fibre-type plant rather than a drug-type plant.
However, opinions are still mixed about how CBD levels might influence the psychoactive
effects of THC.
These Producers know that the best way to continue to profit off is if they follow the alcohol
industry rule that is the 80/20 rule. That is simple. it is where 80 percent of the product is
consumed by 20 percent of the consumers, the problemed users. The wealthy white weed
lobbyists and seriously they are almost all rich white men. They know that people will consume
more of what they are selling if they jack up the potency. They also know that people are twice
as likely to consume THC regularly if they earn below 10L annually than those who earn over
15L a year in other words the poorer you are the more likely you are to spend your money on
their products. people will be shocked and pissed to see what commercialisation has done to the
cannabis. because you see
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Marijuana Laws in France
Court of Appeals asks EU Court of Justice to rule on (non compliance with EU law of French
regulations restricting the marketing of hemp based products
On 23 October 2018, the Court of Appeals of Aixen. Provence referred a preliminary question to
the Court of Justice of the European Union (CJEU) requesting the CJEU to confirm that the
French regulations restricting the cultivation and marketing of hemp based products to products
derived from specific parts of the plant (seeds and fibre) only is not compliant with EU law.
Health Agency recommends authorising the medical use of cannabis. On 27 December 2018, the
French National Agency for Medicines and Health Products Safety (ANSM) recommended
allowing the use of medical cannabis under certain conditions, thus following the
recommendations of its Temporary Specialised Scientific Committee (CSST). Before summer
2019, the CSST is expected to provide recommendations on practicalities such as the distribution
and dispensing system, and medical cannabis will then be made accessible to patients by means
of a pilot project first.
FRANCE
France introduces lump sum fine of EUR 200 for unauthorised cannabis use. On 23 November
2018, the French Parliament voted in favour of the introduction of a EUR 200 lump sum fine for
(illegal) cannabis users. Earlier in October, the Senate also voted in favour of the new measure.
Until now, illegal cannabis use could only be sanctioned by imprisonment and a higher fine of
EUR 3750, but these sanctions are rarely imposed. The bill is still going through the legislative
procedure.
Marijuana Laws in United Kingdom
United Kingdom16. UK authorises the supply of unlicensed cannabis-based products for medical
use and MHRA publishes related guidance
16
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Since 1 November 2018, the rescheduling of cannabis under the Misuse of Drugs legislation
enables unlicensed cannabis-based products for medicinal use in humans to be available under
the provisions for “Specials” under the Human Medicines Regulations 2012. The Medicines and
Healthcare Products Regulatory Agency (MHRA) published relevant guidance on 31 October
2018.
NHS Department of Health and Social Care sends information letter to clinicians regarding
cannabis based products for medicinal use
On 31 October 2018, the NHS sent a letter providing support and guidance following the
rescheduling of certain cannabis-based products for medical use to clinicians in the UK. In
particular, the letter sets out their expectations of what this regulatory change will mean in
practice for clinicians working in the NHS and in private practice in England.
Health and Social Care Committee launches medicinal cannabis inquiry
On 7 December 2018, the Health and Social Care Committee opened a new inquiry on medicinal
cannabis through which it is seeking evidence on the usage of medicinal cannabis products as the
first part of a wider inquiry into the impact of drugs policy on public health. Written
submissions are expected before 8 February 2019 and shall answer several points as detailed on
the Committee’s page.
GERMANY
Medical cannabis cultivation plan once again delayed
On 15 November 2018, the German Federal Institute for Drugs and Medical Devices (BfArM)
announced another modification to the deadline in the application process for the authorisation of
the cultivation, processing, storage, packaging and delivery of cannabis for medical purposes.
The German Federal Institute for Risk Assessment recommends minimising the level of THC in
hemp-containing foods
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On 8 November 2018, the German Federal Institute for Risk Assessment (BfR), after assessing
the risk of psychogenic and pharmacological effects through the consumption of hemp-
containing foods with customary levels of THC, concluded that this consumption could lead to a
level of THC absorbed in excess in comparison with the acute reference dose (ARfD) proposed
by the European Food Safety Authority (EFSA) and therefore has recommended to
minimise the level of THC in hemp-containing foods.
GREECE
First authorisations for the cultivation of medical cannabis
On 19 November 2018, Greece issued the first two authorisations for the cultivation and
production of medical cannabis and cannabis-derived pharmaceutical products following the
legalisation of cannabis on 1 March 2018. Another 12 licenses are expected to be issued by the
end of the year.
ISRAEL
Israeli Parliament passes bill allowing medical cannabis export
On 25 December 2018, the Israeli Parliament (the “Knesset”) passed the 16th amendment to the
Dangerous Drugs Ordinance that concerns the governance and regulatory aspects of exporting
medical cannabis from Israel. The amended bill allows provisions for future medical cannabis
export. A government resolution is required to authorise export.
POLAND
First non-governmental company authorised to import medical cannabis into the country
On 25 October 2018, The Polish Ministry of Health granted Aurora Deutschland GmbH approval
for its first shipment of medical cannabis to Poland. This is believed to be the first time a non-
government run business has been granted approval to supply medical cannabis products in the
country.
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SOUTH KOREA
First Asian country to legalise medical cannabis. On 23 November 2018, the Korean National
Assembly passed an amendment to the Narcotics Control Act to allow the medical use of
cannabis under strict conditions (prior approval will be necessary and granted on a case-by-case
basis). The Ministry of Food and Drug Safety (MFDS) will need to establish specific
implementing regulations setting out a.o. The procedure patients must follow to qualify.17
THAILAND
First country in Southeast Asia to approve the use of medical cannabis. On 25 December 2018,
the Thai National Legislative Assembly approved a bill to legalise the medical use of cannabis
on the condition that the legislation is reviewed after five years. This makes Thailand the first
country in Southeast Asia to allow the use of medical cannabis.
AUSTRIA
Government decree bans CBD in food and cosmetics. On 9 December 2018, the Austrian
Ministry of Social Affairs confirmed that a Government Decree of 4 December 2018 sets forth
that the sale of CBD-containing food and cosmetics is not permitted in Austria.
BELGIUM
Authorities release Q&As on use of cannabinoids in food and other products.In November 2018,
the Belgian Federal Public Service for Health, Food Chain Safety and Environment and the
Federal Agency for the Safety of the Food Chain published a Q&A on the use of cannabinoids
(such as CBD) within foodstuffs. The Q&A states that foodstuffs based on CBD extracts,
including CBD oil, are considered as novel foods and not currently authorised in Belgium.
Similarly, the Federal Agency for Medicines and Health Products published a Q&A on the use of
cannabinoids in other products such as cosmetics and consumer products.
17
En.wikipedia.org. (2019). Cannabis in South Korea. [online] Available at:
https://en.wikipedia.org/wiki/Cannabis_in_South_Korea [Accessed 30 May 2019].
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DENMARK
Danish Veterinary and Food Administration (DVFA) issues guidance on regulations for food
containing cannabidiol (CBD). On 30 October 2018, the DVFA issued guidance on regulations
for food containing CBD. The guidance states that pure CBD as well as hemp products with
concentrated levels of CBD are considered novel foods but also lists products which should not
be considered as novel foods e.g. hemp seeds, seed flour, protein powder from seeds and seed oil
from authorised hemp varieties.
ITALY
Italian Government notifies draft regulation defining maximum THC levels in food. On 30
October 2018, the Italian Government notified a draft regulation laying down maximum levels of
THC in food to the European Commission through the Technical Regulation Information System
(TRIS). The limits are defined for foodstuffs derived from hemp (seeds, flour obtained from
seeds, oil obtained from seeds) and for supplements containing hemp-derived foodstuffs.
LUXEMBOURG
Health Ministry publishes note on cannabis and hemp derived products. On 2 October 2018, the
Health Ministry published a note on cannabis and hemp-derived products to clarify the
regulations applicable to those products. The note covers a wide range of products (including
natural and chemical raw materials, extracts for cosmetic use, food-related use, smoking and
other industrial purposes). Luxembourg set to become first EU country to authorise recreational
cannabis?
A coalition agreement dated 3 December 2018, signed for the purpose of the formation of the
new Luxembourg Government (20182023), proposes the legalisation of recreational cannabis
use by adult residents. No specific timetable is set for the adoption of such measure. The
agreement also establishes a two-year evaluation period for Luxembourg’s medical cannabis
program (legalised earlier this year).
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NEW ZEALAND
Government confirms recreational cannabis referendum in 2020. On 18 December 2018, the

Minister of Justice of New Zealand confirmed that a referendum on recreational cannabis use
will be held at the 2020 election, and that the outcome there-of will be binding. Access to
medical cannabis improved after adoption of amendment bill.
On 11 December 2018, the Misuse of Drugs (Medicinal Cannabis) Amendment Bill was adopted
by the NZ Parliament. The Bill amends the Misuse of Drugs Act 1975 to improve access to
medicinal cannabis for patients suffering from terminal illness and ensures that cannabidiol
(CBD) and CBD products are no longer classified as controlled drugs.
SOUTH AFRICA
Constitutional Court gives green light to private cannabis use. In September 2018, the
Constitutional Court decriminalised the possession, consumption and cultivation of cannabis by
adults in private places. The ruling also approved growing cannabis for personal consumption.
The Court gave parliament 24 months to change the law to reflect its ruling.
BRAZIL
Senate takes steps towards the legalisation of home production of cannabis for medical use. On
28 November 2018, Brazil’s Senate Social Affairs Committee approved a draft bill to legalise
cannabis cultivation for personal medical use. However, the bill still faces several legislative
hurdles and Brazil’s president-elect is unlikely to approve the bill due to his strong opposition to
drug legalisation.
Key legislative committee brings Ecuador one step closer to legalising medical cannabis. On 3
October 2018, Ecuador’s National Assembly’s standing commission on health unanimously
approved comprehensive health reform (Libro II del Código de la Salud) that could lead to the
legal cultivation, manufacture and prescribing of medical cannabis. The bill is expected to be
enacted in the next 68 months.
THE EUROPEAN UNION
- 48 -
Parliamentary question for oral answer on medical cannabis on behalf of the Committee on the
Environment, Public Health and Food Safety (ENVI). On 12 November 2018, certain members
of the European Parliament, on behalf of the ENVI Committee, submitted a question for oral
answer to the European Commission. The question aims at receiving more insights into the
actions and position of the Commission with respect to medical cannabis, and specifically
inquires about the appropriate THC limit in such products.
EUROPEAN UNION
EMCDDA publishes first report on medical use of cannabis and cannabinoids. On 4 December
2018, the European Monitoring Centre for Drugs and Drug Addiction (EMCDDA) published its
first report on medical use of cannabis and cannabinoids: questions and answers for policy
making. The report is accompanied by a background paper which summarises reviews of
evidence on the effectiveness and safety of cannabis and cannabinoids when used to treat
medical conditions.
UNITED NATIONS
WHO postpones recommendations on the international scheduling of cannabis. Following the

WHO’s Expert Committee on Drug Dependence (ECDD) meeting from 1216 November 2018,
the ECDD’s recommendations on the international scheduling of cannabis were expected to be
released on 7 December at the Commission on Narcotic Drugs (CND) session in Vienna.
However, the WHO indicated to need more time to complete the evaluation process. No new
date was provided for the release, but member states are expected to vote on the issue in March
2019.18
C. Cannabis Marketing and Business
18 En.wikipedia.org. (2019). Medical cannabis in the United States. [online] Available at:
- 49 -
1. Business News
2018 International Cannabis Business Year in Review – 28-12-2018 – Marijuana Business Daily
Cannabis continued to make headlines around the world in 2018, from the historic legalization of
recreational use in Canada to passage of clinical marijuana legislation in traditionally
conservative nations. 2018 International Cannabis Business Year in Review is a submit from:
Marijuana Business Daily: Financial, Legal & Cannabusiness news for cannabis marketers…
Pot Producer Aphria Rejects $2.1 Billion Green Growth Hostile Bid – 28-12-2018 – Bloomberg
Canadian marijuana manufacturer Aphria Inc. Rejected a deliberate C$2.8 billion ($2.1 billion)
hostile provide via U.S. Hashish retailer Green Growth Brands...
Growth slows for German scientific hashish marketplace in 1/3 region – 27-12-2018 – Marijuana
Business Daily
Demand for medical marijuana in Germany persisted to increase in the third quarter, albeit at a
slower tempo than the previous area. Total hashish sales covered by using statutory medical
insurance exceeded 50 million euros ($fifty six.8 million) inside the first nine months of 2018,
with all classes of allowed clinical cannabis posting gains among the second one…
Brewer AB InBev partners with Tilray to tap hashish drink market – 19-12-2018 Reuters
Anheuser Busch InBev (ABI.BR), the arena’s biggest brewer, and Canadian pot producer Tilray
Inc (TLRY.O) are partnering in a $100million joint task to analyze cannabis-infused non-
alcoholic drinks for the Canadian market, the corporations stated Wednesday…
Tilray Goes Global With Novartis Marijuana Sales Partnership – 18-12-2018 – Bloomberg
Tilray Inc. Has signed a international partnership with a division of Swiss drug massive Novartis
AG to expand and distribute its scientific marijuana in felony jurisdictions round the sector…
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Altria to marry pot with huge tobacco in $1.Eight billion Cronos deal – 07-12-2018 – Reuters
Marlboro cigarette maker Altria Group Inc announced a $1.8 billion funding in Cronos Group
Inc on Friday, which could give it up to 55-percent ownership of the Canadian cannabis
producer. The deal represents by far the biggest funding by way of a major tobacco conglomerate
in a hashish company…19
Israel's Cannabis eyes clinical cannabis boom, export in Portugal – 03/12/2018 – Reuters
Cannbit (CPHO. TA), an Israeli grower of clinical cannabis, said on Monday it turned into
inspecting the possibility of organising a cannabis farm in Portugal as part of its approach to
expand outdoor of Israel. Cannabis stated it became possible to grow scientific cannabis in
Portugal and export it from there, with the vital licenses and allows required by government
within the u. S.
Neal Brothers and Newstrike companion on hashish edibles – 28-11-2018 – The Globe And Mail
Food marketers Chris and Peter Neal, satisfactory regarded for Neal Brothers chips and salsa,
have teamed up with Newstrike Brands Ltd. Within the first publicly announced deal between a
longtime Canadian food enterprise and a hashish grower. The joint project will see Neal Brothers
Brands Inc. And Newstrike cooking up hashish infused candies in a kitchen in Newstrike’s
facility in Grimsby, Ont…
Pernod Ricard eyes 12-18 months to assess hashish legislation effect – 21-11-2018 – Reuters
The head of Pernod Ricard said on Thursday it'll take 12-18 months earlier than the French
spirits institution can assess whether or not the legalisation of cannabis will impact the intake of
premium spirits…
The Canadian Canopy Growth, considered one of the biggest growers of medicinal hashish
inside the world, is going to invest closely in Europe – 08-eleven-2018 ‒ Bloomberg
19
U.S. (2019). Altria to marry pot with big tobacco in $1.8 billion Cronos deal. [online] Available at:
https://www.reuters.com/article/us-cronos-group-m-a-altria-group/altria-to-marry-pot-with-big-tobacco-in-1-8-
billion-cronos-deal-idUSKBN1O61BS [Accessed 30 May 2019].
- 51 -
Canopy Growth Corp., one of the global’s biggest clinical cannabis businesses, is planning a
main funding in Europe. The marijuana grower will spend greater than 100 million euros ($a
hundred and fifteen million) to extend manufacturing inside the EU over the following years, in
keeping with Pierre Debs, handling director at Canopy’s Spectrum Cannabis Europe
department…
Molson stands at geared up position for edibles; Estimates advocate the cannabis-infused-liquids
phase will be worth at the least $1.5billion ‒ 01-11-2018 ‒ The Globe and Mail (Globe Investor)
Molson Coors Brewing Co. Expects to “secure a significant proportion” of the cannabis-infused
beverage market whilst edibles are legalized in Canada, the agency's leader govt said. “We can
be in a ready-to-pass role and, you already know, one of the first at the playing discipline
because the marketplace opens up,” Mark Hunter said in a conference name with analysts after
the organization launched its 0.33-sector...
Constellation to sell off wine brands to recognition on hashish, beer 20 ‒ 23-10-2018 ‒ Marijuana
Business Daily.
One of the sector’s largest alcohol manufacturers, Constellation Brands, plans to shed some of its
U.S.Based wine portfolio as part of a strategic shift to beer and marijuana merchandise, in line
with an one of a kind document via Reuters. constellation expanded its ownership in Canadian
certified cannabis producer canopy Growth in August with an industry document investment
constellation to sell.
2. Financial Markets
RBC capital markets will start doing deals for pot companies – 18-12-2018 – Bloomberg
RBC Capital Markets has decided to begin doing deals in the cannabis industry. […] “Under
certain circumstances with certain customers, we’ll participate,” RBC Capital Markets head
Doug McGregor said Tuesday in an interview. “We’re going to be selective in our approach,
frankly, but within the bank we’ve established a policy that we’re comfortable with.”…
20
- 52 -
Infused cannabis product maker Dixie Brands posts $2.4 million loss in third quarter – 10-12-
2018 – Marijuana Business Daily
Denver-based Dixie Brands reported a net loss of $2.4 million in its fiscal third quarter, even
though revenues more than doubled. The maker of infused marijuana beverages and products
posted revenue for the quarter of $2.43 million – up nearly 110% from the year-ago quarter…
Cresco Labs Begins Trading on the Canadian Securities Exchange Under Ticker Symbol ‘CL’ –
03-12-2018 – Market Watch
Cresco Labs Inc., one of the largest vertically integrated multi state cannabis operators in the
United States, begins trading today on the Canadian Securities Exchange ("CSE") under the
ticker symbol "CL."
Leading U.S. marijuana firms list shares on Canadian stock exchange ‒ 17-11-2018 ‒ Marijuana
Business Daily
Three top American cannabis firms made their trading debuts on the Canadian Securities
Exchange (CSE) this week, continuing the frenzy of U.S.based marijuana companies turning to
Canada's public markets to raise capital. Here’s a quick rundown of what investors need to
know: Multistate cannabis operator Acreage Holdings listed its shares under the ticker symbol
ACRG…
Canadian marijuana firm Canopy Growth posts bigger net loss as expenses rise ‒ 14-11-2018 –
Reuters
Canopy Growth on Wednesday posted a bigger quarterly net loss as the Canadian marijuana
producer spent more in the weeks before full legalisation of recreational use in mid-October…
Cannabis firm Tilray shares pull back on bigger-than-expected loss ‒ 13-11-2018 – Reuters
TORONTO, 13 November : Canadian cannabis producer Tilray Inc reported an 86 percent jump
in third-quarter revenue on Tuesday, but a wider-than-expected loss weighed on shares in after-
hours trading…
- 53 -
Banks pass on marijuana loans, for now ‒ 02-11-2018 ‒ Reuters
NEW YORK, Nov 2 (LPC): Wall Street is warming up to the idea of financing marijuana
producers as the sector blossoms, but concerns with regulation and reputational damage could
stop banks from lending in the short term…
3. Regulatory and Enforcement News
Mascara containing cannabis oil seized; CNB also orders Singapore company to stop import, sale
of product created by US firm – 21-12-2018 – The Straits Times (Singapore)
The Central Narcotics Bureau (CNB) has seized cannabis oil-infused mascara from a local
skincare shop. Officers from CNB went to Skinx in Amoy Street on Wednesday morning and
seized the product, a Skinx spokesman told The Straits Times. The mascara in question is Kush
High Volume Mascara, created by Milk Makeup, a cosmetics company based in New York City.
A CNB spokesman told The Straits...
Battelle and Canopy Growth Announce Strategic Collaboration to Advance Cannabis Research –
27-11-2018 – Battelle Press Release
Battelle, the world’s largest non-profit research and development organization, and Canopy
Growth Corporation, the world’s largest diversified cannabis company, today announced the
completion of multiple fully legal cannabis imports from Canada to the United States. Battelle
and Canopy Growth will work together to advance knowledge surrounding cannabis in support
of medical research and novel product development…
Uses of illicit psychoactive substances in France: results of the health barometer 2017 – 26-11-
2018 Santé Publique France
Experimentation: in 2017, cannabis remains by far the most experienced illicit product in France.
Nearly half of adults (45%) have already used it (42% in 2014). The proportion of “yearly” users
(11%, i.e. one adult in ten) has not changed compared to 2014 and the proportion of regular users
- 54 -
(at least 10 times in the month) has increased from 3.1% to 3.6%. In addition, 2.2% of 1864 year
olds report daily use (1.7% in 2014)…
Columbia Care Leads U.S. Cannabis Industry Towards Global Expansion By Becoming First
American Company Licensed in European Union ‒ 16-11-2018 – Global News Wire
Columbia Care LLC, the leading medical cannabis company in the United States (U.S.),
21
announced today that it received notification that its application for licensure in Malta has been
approved by Malta Enterprise, the country’s economic development agency. Upon completion of
the final regulatory steps, Columbia Care will be able to import, export, cultivate…
Israeli medical cannabis pioneer hit with ‘temporary closure’ ‒ 02-11-2018 ‒ Marijuana Business
Daily
The largest supplier of medical marijuana in Israel is not distributing or selling products from its
facility in Biriya after the Ministry of Health raised questions over a new drying process ‒ but
the company expects the facility to be up and running in a matter of days. Tikun Olam CEO
Aharon Lutzky said the Israeli medical cannabis pioneer hit with ‘temporary closure’ is a post
from.
D. LAWS IN INDIA
Marijuana is not affirmed by the Food and Drug Administration (FDA), so, its utilization isn't
controlled. The FDA, Substance Abuse and Mental Health Services Administration and National
Institute on Drug Abuse(NDA) have found no strong audits that support the medicinal utilization
of unrefined cannabis..
Why to Not Consume Marijuana.Cannabis utilization can influence a person’s memory, IQ,
judgment and critical thinking abilities. There are many cases connected to the utilization of
marijuana to the expanded possibility of framing a dysfunctional behaviour, despite the fact that
there is minimal logical proof to demonstrate this.
21
- 55 -
For instance, a few people who have smoked cannabis have later been diagnosed with psychosis.
Another remarkable point is that the strains of cannabis available for use now are much more
grounded than they were once before. Marijuana use can cause impairment in the user.
Marijuana use can affect the ability to perform a particular task. It is a gateway drug to the
legalization of other drugs and has many bad effects on the users of it. We either see or smoke
marijuana in recreation or medical setting. Indian Harm Reduction Network vs The Union Of
India on 16 June, 2011.
Is Marijuana Legalization Right?
What I believe is that Marijuana legalization will not only make the access to marijuana
easy but, will also tempt the non-users to engage in the consumption. This abuse will lead
to risky behaviors like experimentation with alcohol, with other drugs and reckless
engagement in dangerous sexual activities. Needless to state that managing this compulsion
requires cash which results to unsafe conducts like theft or prostitution to get money for
fundamental needs and weed. The reactions incorporate expanded, leading to AIDS
pervasiveness, undesirable pregnancies and an expansion in the rate of premature births. In
the past years, we have learned that brain development doesn’t finish to the mid 20’s, as
developing brain is very vulnerable to the substance use. Heavy users fare worse in many
ways. Their cognitive levels fall and they tend to suffer more from depression. Most users
are not heavy users, but again, we can’t predict who will fall into this category. They say
that Marijuana makes a person calm and relaxed. It is also studied that marijuana can be a
good medicine. But also, this increased drug use will lead to negative impacts. Marijuana
pretty much worsens the depression. It’s a myth that people believe that it makes
depression let go. Marijuana is not approved by the Food and Drug Administration (FDA)
so, the uses are not regulated. Even the Mental Health Service Administration and National
Use of Drug Abuse have found no scientific substance which supports the use of marijuana.
Marijuana leads to compromise in the ability to learn and focus. Long term use reduces the
ability to organize the complex information. Open air weed develops represent a huge risk
- 56 -
to our characteristic assets and untamed life. Pot cultivation on open grounds in the
northwestern parts of the United States have been connected to passing of range untamed
life including catamounts, mountain lions, minks and fishers. Tamizharasi And Another vs
Assistant Director, Narcotic, 1995.
The creatures are being harmed by synthetic pesticides utilized as a part of marijuana
development. There is one more concern i.e. The black market sales. The Black Market
Sale will heavily target the remaining market i.e. The youth. Marijuana is an outlet for
individuals to look for a fake endorphin discharge. This dissuades these individuals from
looking for genuine endorphin discharges that drive disclosure, the economy and the
society.
There is no preferred standpoint to society if weed is sanctioned. It will simply make less
profitability in the public arena. As people, our employment is to propel our race and get to be
distinctly humane animals (genuine living, regular dopamine discharge) instead of animals who
swing to substances for satisfaction. Mohammad Daud Alias Mohd. Saleem vs Superintendent
Of District Jail ... on 28 September, 1992,1993 CriLJ 1358
Having some good times once in a while is great but, why does somebody require a
misleadingly initiated endorphin discharge? It is said to be highly potential for abuse
under the Control Substance Act.
As an individual from a current society, I have seen that individuals need to authorize pot with a
specific end goal to make it an assessable item and consequently help the economy. In spite of
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the fact that it can be a smart thought to support the economy, the utilization of pot will be
manhandled and more occurrences will happen in our general public.
There is no sense in having more brutal wrongdoings happening in the public eye.
The activists that are supportive of the Marijuana legalization just observe it in the way that will
profit them. They don’t see the negative impacts that can happen if the plant legitimizes and is
delivered, appropriate and even better expended.
In spite of the fact that the campaigners who need to sanction cannabis have sensible contentions
(the plant deals adding to the economy), the authorization of the substance can bring about
different sorts of issues inside the society and thus, the Marijuana legalization ought to never be
a choice. Marijuana is not a medicine. You don’t know what’s in it. If there were compelling
scientific and medical data supporting Marijuana’s medical benefits, that would be one thing.
But, the data is not there.
The Marijuana legalization will convey more wrongdoing to the urban communities of the major
part of the world and it will cost more pure lives and additionally peace officers of our groups.
The property wrongdoing might rise since addicts will take keeping in mind the end goal to
either motivate cash to purchase the medication of take property, deal it and that way they will
get the issue.22
There Are a Few Resistances For Pot Being Legitimate Or Not-
● Marijuana is a misunderstood drug. The possession and smoking of Marijuana are

both illegal in India.
● Marijuana is controlled by the Narcotics Drugs and Psychotropic Substances Act. The
possession of any amount of marijuana is illegal and in fact, if Marijuana is found in
someone’s ‘possession’, the assumption is made that the accused was aware of its
22
Wikipedia. (2019). [online] Available at: https://en.wikipedia.org/wiki/Medical_cannabis_in_the_Russia
[Accessed 30 May 2019].
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existence and it is up to the accused to prove that he or she has not been breaking the
laws.
In cities like Delhi, for instance, smack addiction grew. The addicts were mostly poor people.
Those who had earlier smoked grass were now ‘chasing’ smack. There is an immense history of
Marijuana in India. The earliest mention was found in the Vedas. According to the texts,
Cannabis were sacred plants. The Vedas had called cannabis a source of happiness and joy giver.
The British itself found cannabis really extensive in few parts of India, especially in colonial
India.
Stopping marijuana use can lead to withdrawal symptoms like anxiety and irritability. Marijuana
legalization would remove the exchange from the hands of criminal poses. That would diminish
their loathsome impact in both cannabis bringing in nations and the spots where it’s created.
Authorized pot could be legitimately managed to guarantee quality and security, simply like
some other item.
At the point when it’s sold unlawfully in the city, no one controls what perilous substances could
be blended in with it. Liberated from pursuing hapless dope-smokers, law authorization
organizations could concentrate on managing hard medication pushers who do genuine mischief.
And, of course, the use of soft drugs will lead to the use of the hard drugs.
There have been a lot of arguments for decriminalizing marijuana consumption. It is believed
that Marijuana legalization will lead to immense drug trafficking across the nation. Now, a
recent study that examined adolescents undergoing treatment for marijuana dependency,
worryingly claims that 40 percent of them displayed withdrawal symptoms.
It makes us slow, not able to do things, people lose focus & sometimes it gets you socially
awkward too. Just as it calms someone down, at the same time, it manages a person to get away
from the reality and the real life.
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They say that Marijuana is less harmful than alcohol. But, the fact is that the consumption of
alcohol stays only till a limited period of time. Most number of people, in fact, a majority of the
people don’t drink everyday but, weed smokers want to smoke Marijuana everyday because it
gets that addictive.
The people who are in favor of Marijuana legalization think that it makes us more calm but, they
are not realizing that they are so addictive to it that they can’t leave it.
In society today, many people look for a feeling of freedom. Many people go on a vacation and
spend money. The most common escape for people is drugs. Is it just a common escape for not
doing day to day things? Just a common excuse to not participate in the economic system? Talks
regarding the decriminalization of marijuana have been around for many years.
Marijuana should be illegal for the majority of medical purposes because of the potentially
dangerous side effects. Some of these side effects include lapse or no common sense for decision
making. Smoking weed is neither a worthy restorative treatment nor an option therapeutic
treatment for any sickness. Fixation, engine coordination, memory, lungs, conceptive and
insusceptible frameworks are all unfavorably affected by pot utilization. Cannabis is addictive. 23
Doctors who treat individuals for AIDS, glaucoma and different maladies don’t support the
utilization of marijuana. Legalizing weed for therapeutic utilize would simply give individuals
more motivations to get high. Huge numbers of the symptoms are extremely risky. It has been
turned out to be addictive and the main issue is that there is definitely no logical confirmation
that smoking weed helps any kind of therapeutic condition.
What Do you think? Should Marijuana be Legalized? Drop your views in the comment box
below.
23
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The article focuses chiefly on the NDPS Act which was introduced in 1985 and then
subsequently amended three times in 1989, 2001, and 2014. This article also highlights the
significant aspects of the NDPS Act in a concise manner.
“Drug abuse is a social evil. It destroys vitals not only of the society but also adversely
affects the economic growth of the country…..” Y K Sabharwal, Former Chief Justice of
India (2006)
The problem of use and abuse of drugs is not new to our country. For the uninitiated, the British
Empire, to be more precise, The British East India Company used to export opium from Bengal,
Malwa, and Benaras region to China as long back as the 1800s. The Chinese government, to
fight the problem of opium addiction and abuse passed edicts, banning the export of opium to
China. As a result, the infamous Opium War took place, and the British imposed their wishes on
the Great Asian Dynasty in the name of free trade.
Fast forward two centuries, and this time, our country is dealing with the issue of drug abuse.
India’s response to the problem of drug abuse flows on different currents of traditional and
modern society. There is widespread availability, but also stringent enforcement of anti-drugs
policies. We tolerate the use of drugs (I’m sure everybody had a bhang thandai on Holi!!) and
also prohibit it. We produce drugs for medical use, but there is a lack of medical aid for opium
addicts. India’s drug policies are based on the supply and demand control. The country’s large
pharmaceutical industry is very much inclined towards the illicit manufacturing of drugs. Some
parts of the country report startling rate of drug abuse making harm reduction and health vital
policy considerations while the stringent drug control laws (criminalization of drug use; even
capital punishment in some cases) conform strictly to the prohibitions that are in place.
As early as 1930 itself, the Dangerous Drugs Act was enacted to control and regulate drugs
derived from poppies, hemp, and coca. Through this act, the cultivation, sale, possession,
manufacture, and trade of drugs obtained through these products mentioned above were licensed,
and unlicensed activities were penalized. The provisions of the Dangerous Drugs Act, 1930 are
still relevant in the present context, especially regarding the statutory definition of hemp, coca
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and opium and their byproducts, and the category of manufactured drugs. The Drugs and
Cosmetics Act of 1940 was also introduced for regulating the medical use of drugs such as
cannabis and opium, but nonetheless, the Dangerous Drugs Act stood strong. Post-independence,
when the Constitution was adopted, all laws came under the purview of the Constitution and
some obstacles were faced by the anti-drugs laws on the grounds that they were against the
freedom of trade and occupation of the cultivators. The cases, however, were ineffectual as the
Courts took the support of India’s international anti-drugs commitments to justify the
restrictions.
The prohibition became more strung when Courts and the Legislature started taking the support
of Article 47 of the Constitution to restrict the use of drugs. Article 47 states that the State shall
endeavour to prohibit the use of drugs except for medicinal purposes.24
Current Legal Framework
Narcotic Drugs and Psychotropic Substances Act, 1985
India is a signatory to three of United Nations drug conventions. The first being the 1961 Single
Convention on Narcotic drugs, the second being the 1971 Convention on Psychotropic
Substances and the last being the 1988 Convention against Illicit trafficking Narcotic Drugs and
Psychotropic substances. The domestic legislation was enacted after almost 25 years of signing
the 1961 convention when the grace period for abolishing the non-medical use of drugs expired
under the 1961 Convention.25 The 1985 Act was passed in a hurry without any discussion, and it
replaced the 1930 act of Dangerous Drugs Act, but the Drugs and Cosmetics Act, 1940 remained
and still continues to apply. The Act of 1985 has been amended three times in 1989, 2001 and
then a couple of years ago in 2014. The amendments will be discussed further. The NDPS Act
places a restriction upon cultivation, production, sale, purchase, possession, use, consumption,
24
Post, G. (2019). Drug Laws In India - iPleaders. [online] iPleaders. Available at: https://blog.ipleaders.in/drug-
laws-India/ [Accessed 30 May 2019].
25
Aidsdatahub.org. (2019). Drug Policy in India 2005: Compounding Harms. Charles M, Bewley-Taylor D and
Neidpath A (2005) | HIV AIDS Asia Pacific Research Statistical Data Information Resources - AIDS Data Hub.
[online] Available at: https://www.aidsdatahub.org/drug-policy-in-india-2005-compounding-harms-charles-m-
bewley-taylor-d-and-neidpath-a-2005 [Accessed 30 May 2019].
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import, and export of narcotic drugs and psychotropic substances except when they are used for a
scientific purpose or medical use.
Three classes of substances are covered under the NDPS Act-
1. Narcotic drugs covered under the 1961 Convention.

2. Psychotropic substances, and those substances which are covered under the 1971
Convention.
3. Controlled substances are used to manufacture drugs or psychotropic substances.
Narcotic drugs include-
● Coca Plant- Leaf or other derivatives including cocaine. It also includes any
preparation which contains 0.1% cocaine.
● Opium- This category includes poppy straw, poppy plant, opium poppy juice, and any
preparation having 0.2% morphine. Derivatives of opium include morphine, heroin,
thebaine, etc.
● Cannabis- Resin (Charas and Hashish), plant, fruit tops and flowering of the plant
(Ganja), or any mixture of Ganja, Charas and Hashish are all included in this
category. It is important to note that cannabis leaves i.e. bhang is excluded from this
category and is regulated by the state laws.
The NDPS Act lays down the procedure to be followed in case any search or seizure is to be
done. Procedure for arresting a person in relation to an offence In the NDPS Act is also provided
for. But the norms of investigation and permissibility of evidence are interpreted in such a way
that they are prejudicial to the cause of the accused. 26 It can be said that the NDPS Act is
essentially a punitive and punishing statute, it also contains a regulatory framework. The Act
gives authority to the Central and the State government to frame rules in relation to drug-use
26
Raj Kumar Karwal v Union of India (1990) 2 SCC 409 and Kanhaiyalal v Union of India (2008) 4 SCC 668. In
both the cases, the Indian Supreme Court, in a departure from the settled position on the law on evidence, made
confessions to drug law enforcement officers admissible as evidence
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activities.27 The regulatory framework also paves a way for supply of opium, to registered users,
for medicative purposes.
Prevention of Illicit Trafficking in Narcotic Drugs and Psychotropic Substances Act was
introduced in 1988 as a supplementary to the NDPS Act.
G. NDPS Amendments
1. 1989
The NDPS Act went through its first change in the year 1989. Very harsh punishments were
introduced, like the mandatory minimum imprisonment of 10 years, a bar on suspension,
restriction on bail, trial by the special court, forfeiture of property, and the mandatory death
penalty in some cases of repeated offence. After these amendments, people caught even with a
small amount of drugs had to go through long imprisonments and very hefty fines, until and
unless the person could prove that it was for his own personal use.28
1. 2001
Due to the criticism faced by the 1989 amendment because of its irregular sentencing policies,
the 2001 amendment was passed. According to the 2001 amendment, the penal provisions were
upgraded, and penalties were imposed based on the quantity of the drugs. Three categories
regarding the quantity were made- small, commercial, and intermediate. The threshold was
provided through a Central Government notification in October 2001.
1. 2014
27
28
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The NDPS Act was again amended in the year 2014, and from May 2014, the amendments came
into force. The main features of the latest amendments are-
● A new category of essential narcotic drugs was created which the Central Government
can regulate uniformly throughout the nation.
● The objective of the law was widened with the promotion of narcotic drugs and
psychotropic substance for scientific and medical use but also prohibiting illicit use.
● Including the terms “management” of drug dependence and “recognition and
approval” of treatment centers, thus allowing for the establishment of legally binding
treatment standards and evidence-based medical interventions.
● The death penalty was made discretionary for repeated offense.
Significant Aspects of the NDPS Act
1. Quantity Based Sentencing- under the NDPS Act, the sentencing of punishment is
based on the substance and its quantity found. The government has also cleared the
fact that when the quantity of the seized product is to be calculated, the weight of the
product will be given prime consideration instead of the pure drug content of the
product.
2. Death Penalty- the harshness of the NDPS Act is very evident from the fact that the
death penalty has also been included as a form of punishment under the Act. Courts
can award the death sentence in the case of certain repeated offence (such as
manufacture, production, import, export, possession, and transportation) involving
large quantities of drugs. The death penalty was made mandatory through the 1989
amendment, but the rage of offences in which the death penalty could be awarded was
narrowed down in 2001. Through the 2014 amendment, the death penalty was made
discretionary and an alternative punishment of 30 years of imprisonment was
introduced.
3. Treatment for Drug Dependence- the NDPS Act supports treatment for people who
use drugs both as an ‘alternative’ to, and independent of criminal measures. Several
provisions stipulated under the Act depenalise consumption and offenses involving
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small quantities of drugs and encourage treatment seeking. The treatment aspects
under the NDPS Act has come distinct features-
● Sec 4(2) (d) and 7A states that treatment of drug addict is one of the measures for
which the Central Government should create funds.
● Sec 64A states that drug dependent people who are charged with an offense involving
small quantities of drugs or consumption can go for treatment and will be exempted
from prosecution.
● Sec 39 says that instead of awarding sentences, the courts can divert drug dependent
people convicted for consumption or an offense involving a small quantity of drugs, to
a recognized medical facility for detoxification.
● Sec 71, 76 (2) (f), and 78 (2) (b) contains provisions that the Central or the State
government can set up and regulate centres for identification, care, and treatment of
drug dependent people.29
The evil of drug abuse not only creates shackles on the very idea of a better life but it also acts as
an impediment to the growth of the country. The legal framework which is present to counter the
abuse of drugs is based on a solid foundation. A lot more can be achieved by just efficiently
implementing the existing laws and streamlining the procedure.
Why did India ban marijuana?
Use of bhang and charas was legal in India, but the US had been forcing India to put a banned on
their production marijuana since 1961. Finally, in 1985, the Indian government passed the
Narcotics Drugs and Psychotropic Substances Act and put a ban on the production and sale of
cannabis resin and flowers. However, government permitted the use of leaves and seeds allowing
the states to regulate it accordingly.
Customary usage of marijuana in India
29
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When it comes to customary usage of cannabis, the first thing which clicks our mind is Lord
Shiva. The festival of Maha Shivratri is celebrated by offering cannabis to Lord Shiva. The
festival makes consumption of Bhang acceptable as it is stated in the Hindu scriptures that bhang
is used to purify the elixir of life Lord Shiva which he created from his body. Therefore,
marijuana was completely legal in the historical period, and there was no policing done to its
usage.30
Uses and effects of marijuana
In the 20th century, ban on usage of marijuana. It turned out to be a restriction on possession,
use, and sale of cannabis preparations containing psychoactive cannabinoids presently banned in
most countries across the globe, particularly in India; the UN has aforementioned that cannabis is
the most commonly used illicit drug in the world. Cannabis has psychoactive and physiological
effects once consumed. Other than that a subjective modification in perception and, most
notably, mood, the foremost common short-run physical and neurological effects which embody
increased pulse rate, raised appetite, lowered blood pressure level, impairment of short-term and
dealing with imbalance of content and coordination. Long-run effects are less clear. In humans,
comparatively few adverse clinical health effects are documented from chronic cannabis use.31
Positive aspects of using marijuana
Weight Loss – According to a 2011 by the American Journal of Medicine, fatness is lower in
those people who use cannabis in comparison to nonusers. In animal tests, the drug additionally
had an effect on the amount of fat within the body as well as its response to internal secretion32.
Cannabis compounds were shown to lift metabolism in rats, resulting in lower levels of fat in the
30
Druglibrary.net. (2019). Indian Hemp Drugs Commission Report - Social and Religious Customs. [online]
Available at: http://www.druglibrary.net/schaffer/Library/studies/inhemp/4chapt9.htm [Accessed 30 May 2019].
31
Iversen, L. (2005). Long-term effects of exposure to cannabis. Current Opinion in Pharmacology, 5(1), pp.69-72.
32
YouTube. (2019). The Science Behind Marijuana. [online] Available at:
https://www.youtube.com/watch?v=OOhLRXWLHS0 [Accessed 30 May 2019].
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liver and lower cholesterol. Human trials are being conducted to seek out a drug targeting
obesity-related diseases.33
Medical Usage – Weed and medical science share an old connection with each other. It’s
prescribed to cancer patients when they undergo chemotherapy. According to a study in the UK
it has been found that marijuana can stop metastasis in some aggressive cancer. Researchers also
say that using marijuana can kill cancer cells in leukemia patients. It’s also useful in curing
AIDS, lowered intraocular eye pressure, as well as general analgesic effects.34
Psychoactive Drug – It falls in the group of anti-depressants, hallucinogens, giving relief to the
person from all sort of pain for few hours. Marijuana is a mixture of all these properties making
it most hunted after. THC is naturally considered as the key component of the cannabis plant;
various scientific studies have suggested that certain other cannabinoids like CBD may also play
a major role in its psychoactive effects.
Migraines – Cannabis has anti-inflammatory properties which help in providing relief to the
patient. In fact, the effects are said to be a “thousand times more effective than that of aspirin.”
Doctors in California have treated more than 3, 00,000 or more than that migraine cases with the
usage of medical marijuana. It has resulted in effective treatment of a host of illnesses and
conditions, such as multiple sclerosis, rheumatoid arthritis, and Alzheimer diseases.
Addictiveness – As per the study conducted by National Institute of Drug Abuse on the relative
addictiveness of few substances namely cannabis, caffeine, cocaine, alcohol, heroin and nicotine.
Weed was ranked the least addictive and caffeine the second least addictive.
Harmful Aspects of Marijuana
Tar Build up – It is a massive one. However, it is conjointly a risk that may be entirely avoided
if you select to try and do so. Tar buildup happens once you inhale smoke from marijuana.
33
iPleaders. (2019). Should Marijuana Be Legalized In India - iPleaders. [online] Available at:
https://blog.ipleaders.in/marijuana-legalized-India/ [Accessed 30 May 2019].
34
iPleaders. (2019). Should Marijuana Be Legalized In India - iPleaders. [online] Available at:
https://blog.ipleaders.in/marijuana-legalized-India/ [Accessed 30 May 2019].
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Although it’s troublesome to check with the naked eye, smoke from dried herbs contains
thousands of little-burned plant particles. Once these particles come in contact with each other,
they settle, and accumulate. These particles then produce a tar-like organic compound which is
harmful to lungs.
Gateway to drugs – This theory states that the utilization of less harmful drugs could cause a
future risk of victimization to a lot of dangerous medicine. Cannabis, alcohol, and tobacco are
attributed to the current theory. Some scientific studies show that the consumption of cannabis
can probably predict a major higher risk for the next use of “harder” illicit drugs, whereas
different studies show that it cannot. A ten-year long study conducted in Australia found that
adults of twenty-four years used a drug referred to as amphetamines which were preceded by the
employment of cannabis. In 2006, a counter-study was conducted on rats, in Sweden, that
examined the brains of the rats when dosing them with cannabis and found that THC alters the
opioid system that’s related to positive emotions, which lessens that effects of opiates on the rat’s
brain and therefore causes them to use a lot of heroin. The rats were given tetrahydrocannabinol
at the young age of twenty-eight days. It is impossible to extrapolate the results of this study to
humans.35
Reduction in REM sleep – Cannabis users might get a lot of deep sleep; however they
additionally spend less time in REM sleep. REM stands for Rapid Eye Movement. Once we’re in
this sleep phase, our body is at it’s nearest to being awake. Unsurprisingly, REM is the final
section of the 90-minute sleep cycle. Coincidentally, REM sleep is the time you’re capable of
having vivid dreams and nightmares. Researchers still don’t understand why this sleep cycle is
helpful to our health. But, one leading theory is that it provides certain components of our brain a
rest, namely, the components which secrete serotonin and histamine.
Chapter 5 : Conclusion
5.1 Conclusion
35
Ellgren, Maria; Spano, Sabrina M; Hurd, Yasmin L (2006) “Adolescent Cannabis Exposure Alters Opiate Intake
and Opioid Limbic Neuronal Populations in Adult Rats” Neuropsychopharmacology 32 (3): 607–15
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According to section 2 (iii) of Narcotic Drugs and Psychotropic Substances Act, 1985- cannabis
(hemp) means
1. charas, that is, the separated resin, in whatever form, whether crude or purified,
obtained from the cannabis plant and also includes concentrated preparation and resin
known as hashish oil or liquid hashish;
2. ganja, that is, the flowering or fruiting tops of the cannabis plant (excluding the seeds
and leaves when not accompanied by the tops), by whatever name they may be known
or designated; and
3. any mixture, with or without any neutral material, of any of the above forms of
cannabis or any drink prepared from that place;
Now as per NDPS, the definition does not cover bhang. This states that consumption of bhang
can be taken as legal. So yes, selling of bhang on festive occasions is legalized by the Indian
government. It is mostly sold in religious cities or ghats in Northern India by special vendors
permitted by the state government. The state selling bhang has to keep an eye over the sellers as
bhang can be used to prepare more potent intoxicants.36
In the case of Arjun Singh v State of Haryana,37 the Chandigarh High Court stated that
considering the NDPS Act, bhang is not “cannabis (hemp)” under the act, but it is a “cannabis
plant.” Under the limitations of the law, it’s therefore not illegal to consume cannabis leaves, but
production of a plant is illegal.
Further, Section 838 states that no one shall cultivate the opium poppy or any cannabis plant with
an exception for medical or scientific functions within the manner and to the extent provided by
the provisions of this Act. Medical use and research of marijuana are, thus, legal in India as per
this section; recreational usage is strictly prohibited and illegal.
36
Patra, S., Sharma, S., Deepak, S. and Trambadia, R. (2019). Bhang, culture of India. [online] Holiday and Travel
Guide to India. Available at: http://www.shalusharma.com/bhang/ [Accessed 30 May 2019].
37
Civil writ petition no. 844 of 2014
38
State government has the power to grant a license for medical and scientific use of marijuana under sec. Ten read
with sec. 8 of the NDPS Act 1985
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The problem here is NDPS Act does not deal equally with ganja, charas, and bhang. As bhang is
not covered under the definition of cannabis, it is consumed legally on a large scale. Isn’t this
incongruity meant to confuse the citizens of India? I believe that if there is a need to prohibit the
use of cannabis, then every sort of cannabis should be banned, not only a few. Further, the point
of granting an exception to the medical use of cannabis is highly impossible to seek permission,
for its medical and scientific experimentation and purposes. The government’s strict intolerance
policy has blinded it from noticing the apparent use of it and made it lose its focus from
effectively fulfilling its duties and responsibilities.
International Status of Marijuana
Portugal was the 1st country in the world to decriminalize the use of every drug. They consider
drug users as sick rather than criminals. Consumption is decriminalized up to 25g for weed, 5g
for hash and 2.5g for THC oil.
Switzerland has decriminalized the use of marijuana to some extent. In 2012, the Cantons Vaud,
Neuchatel, Geneva, and Fribourg permitted the growing and cultivation of weed up to 4 cannabis
plants per person in an attempt to curb illegal street trafficking.
In Netherlands, the drugs are classified in two categories – hard drugs and soft drugs, where
cannabis is classified under soft drugs. Consumption of soft drug for personal use has no active
prosecution. Dutch has its own ‘Policy of Tolerance’ for such uses. Based on this tolerance
policy, cannabis coffee shops are being established in Netherlands where sale of weed for
personal consumption is tolerated by local Police Officers, especially in Amsterdam. Dutch
government keeps a check on local smokers to show identification and registration in a database
called the “cannabis card” to control drug-related issues. Consumption of hard drugs is restricted
in Netherlands. The sale of cannabis in small amount is allowed only by licensed coffee shops. 39
Suggestions:
39
EMCDDA: National Report 2007: Netherlands
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Socio-economic benefits of marijuana
● The help of local people – In states like Himachal Pradesh and Tamil Nadu, where
cannabis plants grow, and marijuana is the only source of income for many locals.
However, being a banned substance, the farmers are forced to sell it at a very low
price to the drug dealers, and they face additional pressure from the police, who are
paid to destroy the cannabis plantations. Legalizing marijuana will end this ‘war on
drugs’ targeting our countrymen.40
● Growth in GDP – Legalizing of Marijuana will lead to a rise in the growth of GDP.
Imposing tax on selling of marijuana will anyway help in keeping a control over its
production, and it would be a help to the Indian economy. Such Marijuana in
Netherland contributes $3.2 billion with an annual gross.
● Prohibition is failed to curb the production of marijuana as states like Himachal
Pradesh completely depend on the production of marijuana. They have no other
source income except this. So why not legalize it, as legalizing marijuana will create
job opportunities for many people.
● Legalizing will ensure that marijuana is distributed in good quality to consumers
Further as a suggestion, India should follow the laws of Netherlands that have decriminalized the
personal usage of marijuana, and the outcome was an impressive result. The Dutch experience,
alongside those of some alternative countries with minor policy changes, provides a moderately
smart empirical case that removal of criminal prohibitions on cannabis possession
(decriminalization) won’t increase the prevalence of marijuana or the other illicit drug; the
argument for decriminalization is so sturdy.41
Well according to the study of international laws and their outcome, decriminalization of weed
would be beneficial for India. It’s time to realize that the harder we push the more we drain our
energy. We need to eradicate our fear that marijuana is the gateway to harder drugs. It’s not the
first time when marijuana is being produced Narcotic Drugs and Psychotropic Substances Act in
40
Solanki, S. (2019). 10 Reasons Why Marijuana Should Be Legalized In India. [online] ScoopWhoop. Available
at: https://www.scoopwhoop.com/inothernews/legalize-marijuana/ [Accessed 30 May 2019].
41
R. MacCoun and P. Reuter. 2001. Evaluating alternative cannabis regimes. British Journal of Psychiatry 178:
123-128
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our country it’s there since ancient period and use of bhang during festive seasons anyway make
it tougher to curb its usage. Moreover, individuals have their discretion on bhang and other
substance like alcohol and tobacco. Then why to put a ban on marijuana? Do our leaders think
that we are immature or incompetent or are they hiding from their incompetence and lack of
responsibility? Once the prohibition is premeditated the crime level escalates at an alarming rate.
It’s discovered that one amongst the necessary actions of those drugs is to quiet and stupefy the
individual, so there’s no tendency of violence, as isn’t the same in cases of alcoholic
intoxication. Therefore, we can say that validation of marijuana can facilitate in the supervision
of drug wars and other criminal activities.42
42
United Nations Bulletin on Narcotics, 1957
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BIBLIOGRAPHY
I. BOOKS
Marijuana Legalization: What Everyone Needs to Know
Law Relating to Narcotic Drugs and Psychotropic Substances in India - R. P. Kataria 2005
The Constitution of India - P. M. Bakshi 1990
Supreme Court on Narcotics and Drugs: With the NDPS Act and Rules
II. STATUES
The Narcotic Drugs and Psychotropic Substances Act, 1985
The Constitution of India, 1949
The Indian Penal Code, 1860
The Code of Criminal Procedure, 1973
III. WEBLIOGRAPHY
- 74 -
1. https://www.scoopwhoop.com/inothernews/legalize-marijuana/
2. http://www.shalusharma.com/bhang/
3. https://www.youtube.com/watch?v=m4cfVVcYcyk&t=234s
4. https://blog.ipleaders.in/marijuana-legalized-India/
5. http://www.druglibrary.net/schaffer/Library/studies/inhemp/4chapt9.htm
6. https://www.youtube.com/watch?v=c80PzmVbQKo
7. https://www.youtube.com/watch?v=OOhLRXWLHS0
8. https://blog.ipleaders.in/marijuana-legalized-India/
9. https://blog.ipleaders.in/drug-laws-India/
10. https://www.youtube.com/watch?v=0XQtojvfy0M&t=307s
11. Raj Kumar Karwal v Union of India (1990) 2 SCC 409 and Kanhaiyalal v Union of India
(2008) 4 SCC 668.
12. https://blog.ipleaders.in/drug-laws-India/
13. http://reformdrugpolicy.com/wp-content/uploads/2011/10/Drug-Policy-in-India-
CompoundingHarm.pdf
14. https://www.youtube.com/watch?v=kP15q815Saw
15. https://en.wikipedia.org/wiki/Medical_cannabis_in_the_United_States
16. https://en.wikipedia.org/wiki/Medical_cannabis_in_the_Russia
17. https://www.reuters.com/article/us-cronos-group-m-a-altria-group/altria-to-marry-pot-
with-big-tobacco-in-1-8-billion-cronos-deal-idUSKBN1O61BS
18. https://en.wikipedia.org/wiki/
19. https://www.youtube.com/watch?v=MRLyREkZles
- 75 -

Marijuana Legalisation

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Marijuana Legalisation

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TABLE OF CONTENTS

E. Table of Cases vii

1.1 Introduction…………………………………………………………… 11-12

2.1 Hemp: An Alternative to Plastic……………………….……………… 25 - 28

2.2 Comparison of Hemp and Marijuana…………………………..……… 28 - 29

2.3 Strategy Suggestion…………………………………………………….... 29 - 30

2.4 Estimations made ……………………………………………………..… 31 - 32

2.6 Comparison of Hemp and Marijuana…………………………..……… 28 - 29

2.8 Estimations made ……………………………..………………………… 31 - 32

Chapter 3: Legalisation Issues

Report on Foreign countries ………………………………………………………

1.2 Literature Review

consumption is tolerated by local Police Officers, especially in Amsterdam. Dutch

government keeps a check on local smokers to show identification and registration in a

by licensed coffee shops.

2. Law Relating to Narcotic Drugs and Psychotropic Substances in India - R. P.

effectively fulfilling its duties and responsibilities

selling of bhang on festive occasions is legalized by the Indian government. It is mostly

be used to prepare more potent intoxicants

namely, the components which secrete serotonin and histamine

Articles and Research

1.3 Statement of Problem

Why is marijuana Still Illegal in India Despite its Medical Uses?

1.4 Research Question

1.5 Objective of the Study

D. THC and CBD:

Diarrhoea gastric appetizers Diabetes Jaundice

A. Hemp: An Alternative to Plastic

B. Comparison of Hemp and Marijuana

􀁸 Policy implementation for starting HEMP field.

Sno. Countries Legalised In Recreational Medical Years Ranking

1 USA 1996 33 States have Legal 24 18th (6.89)

2 Australia February 2016 Legal Legal 4 Years 10th (7.27)

3 Argentina 2009 by Decriminalized Accepted 11 29th (6.39)

4 Bermuda 2016 Decriminalized Legal 4 Years

5 Canada 2001 Legal Since Legal 19 7th (7.33)

6 Chile 2015 Illegal but Legal 5 Years 25th (6.48)

7 Colombia 2012 Decriminalized Legalised 8 Years 37th (6.26)

8 Croatia 2015 Minor Offence Legal 5 Years 82nd (5.32)

9 Cyprus 2017 Illegal with Legal 3 Years 61st (5.76)

10 Czech 2010 Decriminalised Legalised 10 21st (6.71)

11 Finland 2014 Illegal Extremely 6 Years 1st (7.63)

12 Georgia 2018 Legal Legal 2 Years 128th

13 Germany 2016 Minor Offence Legal for 4 Years 15th (6.96)

14 Greece 2017 Illegal Legal 3 Years 79th (5.36)

15 Israel 1990 Decriminalised Legal 30 11th (7.19)

16 Italy 2016 Decriminalised Legal 4 Years 47th (6.00)

17 Mexico 2017 Decriminalised Legal with 3 Years 24th (6.49)

18 New Zealand December 2018 Illegal Legal 2 Years 8th (7.32)

19 Peru 2017 Decriminalized Legal 3 Years 65th (5.66)

20 Portugal 2001 Decriminalized Legal 19 77th (5.41)

21 Sri Lanka 1961 Legal Legal 79 116th

22 Jamaica 2015 Minor Offence Decrimina 5 Years 56th (5.89)

23 Thailand 2018 Illegal Legal 2 Years 46th (6.07)

24 Switzerland 2011 Decriminalized Legal 9 Years 5th (7.48)

25 India 1961 Illegal but Illegal 133rd

B. Laws on Marijuana Worldwide

Marijuana Laws In United States

TOTALLY AVAILABLE WITHOUT PRESCRIPTION

US ‒ Epidiolex, the first FDA-approved plant-derived cannabinoid medicinal product, available

On 1 November 2018, GW Pharmaceuticals announced that its cannabis-based medicine

US – Cannabis among ballot measures for 2018 midterm elections.

US – WASHINGTON – State regulators approve new rules for marijuana edibles.

Marijuana Laws in Argentina