High in the mountains of Himachal Pradesh, cannabis grows naturally across remote parts of the Kullu Valley. For some local families, hand-rubbed hash has long been connected to culture, tourism and seasonal income. Under Indian law, however, producing or selling it without authorization can carry serious criminal penalties.
This contrast—between cultural acceptance and legal prohibition—is at the centre of India’s growing cannabis debate.
Cannabis Has Deep Cultural Roots in India
Cannabis has been associated with Indian traditions for centuries. It appears in ancient religious literature and remains closely connected with Lord Shiva. Bhang is still consumed during festivals such as Holi and Shivratri, while sadhus are often seen using traditional chillums at religious gatherings.
However, India’s laws do not treat every part of the cannabis plant equally.
The Narcotic Drugs and Psychotropic Substances Act, 1985 defines cannabis primarily as charas—the separated resin of the plant—and ganja, meaning its flowering or fruiting tops. Seeds and leaves are excluded when they are not accompanied by those tops.
This is why bhang, traditionally made from cannabis leaves, is not controlled directly by the NDPS Act. It is instead regulated through individual state excise laws. That does not mean bhang is automatically legal everywhere; its production, sale and possession depend on state-level rules.
What Does the NDPS Act Actually Punish?
Unauthorised cultivation, possession, production, transport and sale of ganja or charas remain criminal offences.
The punishment for possession depends on the quantity involved. A small-quantity offence can result in imprisonment of up to one year, a fine of up to ₹10,000, or both. Quantities above the notified small limit but below the commercial threshold can attract up to ten years in prison.
Commercial-quantity offences carry between ten and twenty years of rigorous imprisonment, along with significant fines. Unauthorised cultivation of a cannabis plant can also result in imprisonment of up to ten years.
Consumption is treated separately under Section 27. For cannabis, it can attract imprisonment of up to six months, a fine of up to ₹10,000, or both. These distinctions are important because possession and consumption are not the same offence.
Delhi High Court Orders a Policy Review
A major development arrived on January 23, 2026, when the Delhi High Court concluded proceedings in a petition filed by the Great Legalisation Movement India Trust.
The Court did not legalize or decriminalize cannabis. Instead, it directed the Union government to conduct a stakeholder consultation and examine whether provisions relating to cannabis under the NDPS Act and NDPS Rules should be relaxed—and, if so, for which purposes.
The Director of the Narcotics Control Bureau was appointed as the nodal officer. The consultation was expected to include government ministries, medical professionals, researchers, palliative-care specialists and civil-society organisations.
The Court ordered a policy decision within six months, placing the deadline around July 23, 2026. It also allowed the petitioner to revive the case if no decision is taken. At the time of writing, no final policy decision had been publicly announced.
Does This Mean Cannabis Could Soon Be Legal?
Not necessarily.
India’s existing law already permits cannabis-related activity under regulated conditions for medical and scientific research. Section 14 also allows governments to authorize cultivation for fibre, seed and horticultural purposes—creating space for industrial hemp.
Any reform may therefore focus on medical access, scientific research, industrial cultivation or reduced punishment rather than nationwide recreational legalization.
India’s federal structure adds another complication. States already regulate bhang differently, and their approaches to alcohol and other intoxicants vary widely. Even if the central framework changes, cannabis policy may continue to look different from one state to another.
India is unlikely to settle its cannabis debate overnight. But the Delhi High Court’s direction has forced a serious question into public policy: can a plant with deep cultural, medical and industrial connections continue to be governed primarily through criminal law?
Sources: Delhi High Court order dated January 23, 2026 and the Narcotic Drugs and Psychotropic Substances Act, 1985.
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