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The Cannabis plant has regained its medicinal and industrial potential in recent years globally. Several countries, including Canada, the United States of America, Japan, France, Italy, Hungary, China, Denmark, and other European countries, as well as Australia, are leading in hemp cultivation and the manufacturing of multi-utility products worldwide. The plant has been used for both industrial (THC <0.3%) and medicinal purposes (THC >0.3%). Presently, the crop has been considered as a “Trillion Dollar Crop”. There are more than 100 cannabinoids present in the plant, among which THC and CBD are in major proportions. THC is psychoactive, while CBD is a non-psychoactive compound, and only due to the presence of high THC (Assumed >0.3%) in the plant, it is considered a narcotic crop. However, THC is being used for the treatment of chronic diseases or symptoms, including Multiple Sclerosis, Crohn’s disease, Alzheimer’s disease, cancer, and chronic pain. Some preclinical research has advocated other potential therapeutic applications for non-psychoactive phytocannabinoids, for example, Cannabidiol (CBD). CBD has putative therapeutic applications for treating psychosis, affective and seizure disorders, inflammation, and neurodegenerative disease. CBD dampens the psychotropic effects and thus can counter the frequent and most unpleasant side effects of isolated THC. Other positive effects of CBD to alleviating THC effects are the dampening of tachycardia triggered by THC, normalisation of the slowed time perception caused by THC, and a weakening of the THC-induced dazed state.
CSIR-National Botanical Research Institute, Lucknow is the first R&D organization who has taken the challenge for the development of varieties having <0.3% THC and high fibre for industrial purposes on one side and high THC and CBD varieties for medicinal purposes on the other. CSIR-NBRI made a major effort to push the Uttarakhand and Uttar Pradesh Governments to make a policy for the cultivation of this very important plant. Uttarakhand Govt. has issued a notification for the commercial cultivation of varieties having < 0.3% THC, while U.P. Govt. has framed out the policy for issuing a license only for R&D purposes. CSIR-NBRI has initiated preliminary research activities under the PPP model with Bombay Hemp Company Pvt. Ltd. (BOHECO). CSIR-NBRI is also involved in initiating R&D programs with the collaboration of the Manipur Govt... for streamlining the cultivation of the Cannabis crop in Manipur for the rational and socio-economic upliftment.
Narcotic Drugs and Psychotropic Substances Act, 1985
NDPS Act, 1985 provides limited powers to the state as per the cultivation of Cannabis is a concern. These are a few cannabis specific sections that define the state powers in this context:
PROHIBITION, CONTROL, AND REGULATION
Prohibition of certain operations.—No person shIn operations, no person shall...all—
(a) cultivate any coca plant or gather any portion of the coca plant; or
(b) cultivate the opium poppy or any cannabis plant; or
(c) produce, manufacture, possess, sell, purchase, transport, warehouse, use, consume, import inter-State, export inter-State, import into India, export from India or transship any narcotic drug or psychotropic substance, except for medical or scientific purposes and in the manner and to the extent provided by the provisions of this Act or the rules or orders made thereunder and in a case where any such provision, imposes any requirement by way of license, permit or authorization also following the terms and conditions of such license, permit or authorization:
Provided that, and subject to the other provisions of this Act and the Rules made thereunder, the prohibition against the cultivation of the cannabis plant for the production of ganja or the production, possession, use, consumption, purchase, sale, transport, warehousing, import inter-State, and export inter-State of ganja for any purpose other than medical and scientific purpose shall take effect only from the date which the Central Government may, by notification in the Official Gazette, specify in this behalf.
Power of the State Government to permit, control, and regulate.—
(1) Subject to the provisions of section 8, the State Government may, by rules—
(a) permit and regulate—
(iii) the cultivation of any cannabis plant, production, manufacture, possession, transport, import, export inter-State, sale, purchase, consumption, or use of cannabis (excluding charas);
In particular and without prejudice to the generality of the foregoing power, such rules may—
(b) provide that the limits within which licenses may be given for the cultivation of any cannabis plant shall be fixed from time to time by or under the orders of the State Government;
(c) provide that only the cultivators licensed by the prescribed authority of the State Government shall be authorized to engage in the cultivation of any cannabis plant;
(d) require that all cannabis, the produce of land cultivated with the cannabis plant, shall be delivered by the cultivators to the officers of the State Government authorized in this behalf;
(e) empower the State Government to fix from time to time, the price to be paid to the cultivators for the cannabis delivered;
(f) prescribe the forms and conditions of licenses or permits for the purposes specified in sub-clauses (i) to (vi) of clause (a) of sub-section (1) and the authorities by which such licenses or permits may be granted and the fees that may be charged therefor.
Section 14 of the Narcotic Drugs and Psychotropic Substances Act, 1985, titled "Special provision relating to cannabis," states that despite the provisions of section 8, the Government has the authority to permit cannabis cultivation through general or specific orders, subject to specified conditions. This allowance is exclusively for industrial purposes, specifically to obtain fiber or seed, or for horticultural purposes.
Conclusion
Uttarakhand's initiative to legalize and promote industrial ganja cultivation is an important step towards permanent agriculture and rural development. By participating in special training programs and following the regulatory framework, individuals can contribute to a cumbersome industry that promises for economic growth and environmental protection. As the area develops, ongoing education and research will be important to unlock the full potential of hemp in India. Uttarakhand's move to legalize and encourage industrial cannabis cultivation signifies a crucial advancement for sustainable agriculture and rural progress. By engaging in specialized training and adhering to the established regulatory structure, individuals can play a role in this promising sector, which holds potential for both economic expansion and ecological preservation. Continuous learning and research will be vital for fully harnessing the potential of industrial hemp in India as this sector evolves.
