Table of Contents
NDPS Act 1985 (Narcotic Drugs and Psychotropic Substances)
- NDPS Act prohibits a person from the production/manufacturing/cultivation, possession, sale, purchasing, transport, storage, and/or consumption of any narcotic drug or psychotropic substance.
- The NDPS Act is designed to fulfill India’s treaty obligations under the Single Convention on Narcotic Drugs 1961, Convention on Psychotropic Substances 1971, and United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances 1988.
- The Narcotics Control Bureau was also constituted in 1986 under the Act.
- The NDPS Act was amended three times in the years of 1989, 2001 and 2014. Recently, an amendment bill 2021 was passed by Lok Sabha on 13 December 2021.
Provisions of the NDPS Act on Cannabis
- The NDPS Act defines cannabis (hemp) as a narcotic drug based on the parts of the plant that come under its purview. The Act lists these parts as:
- Charas: “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.”
- Ganja: “The flowering or fruiting tops of the cannabis plant by whatever name they be known or designated.”
- “Any mixture, with or without any neutral material, of any of the above forms of cannabis or any drink prepared there from.”
How Come Bhang is not Covered Under the NDPS Act?
- Bhang is the edible preparation made from the leaves of the cannabis plant, often incorporated into drinks and with various foods.
- The Act, in its definition of cannabis, excludes seeds and leaves “when not accompanied by the tops”. Thus, Bhang, which is made with the leaves of the plant, is not mentioned in the NDPS Act.
Cannabis and Criminal Liability
- Section 20 of the NDPS Act lays out the punishment for the production, manufacture, sale, purchase, import and inter-state export of cannabis, as defined in the Act.
- The prescribed punishment is based on the amount of drugs seized.
NDPS Act : Quantity & Punishment
- Quantity: Small quantity (100 g of charas/hashish or 1 kg of ganja)
- Punishment: Imprisonment for a term that may extend to one year and/or a fine which may extend to Rs 10,000.
- Quantity: Commercial quantity (1 kg charas/ hashish or 20 kg ganja
- Punishment: Imprisonment of not less than 10 years, which may extend to 20 years, including a fine that is not less than Rs 1, 00,000 but may extend to Rs 2, 00,000.
- Quantity: Quantity less than commercial, but greater than small quantity
- Punishment: Imprisonment up to 10 years is prescribed, along with a fine which may extend to Rs 1, 00,000.
WhatsApp