Note4Students
From UPSC perspective, the following things are important :
Prelims level: Cannabis , Marijuana, NDPS Act
Mains level: Legalizing marijuana
Himachal Pradesh CM has announced that the state government is considering legalizing the cultivation of cannabis.
What is Cannabis?
- Cannabis, also known as marijuana among other names, is a psychoactive drug from the Cannabis plant used primarily for medical or recreational purposes.
- The main psychoactive component of cannabis is tetrahydrocannabinol (THC), which is one of the 483 known compounds in the plant, including at least 65 other cannabinoids, including cannabidiol (CBD).
- It is used by smoking, vaporizing, within the food, or as an extract.
Prospects of legalizing Marijuana
(1) Health benefits
- The cannabinoids found in Cannabis is a great healer and has found mentioned in Ayurveda.
- It can be used to treat a number of medical conditions like multiple sclerosis, arthritis, epilepsy, insomnia, HIV/AIDS treatment, and cancer.
(2) Ecological benefits
- The cannabis plant and seeds apart from being labelled a ‘super-foods’ as per studies is also a super-industrial carbon-negative raw material.
- Each part of the plant can be used for some industry. Hemp currently is also being used to make bio-fuel, bio-plastics and even construction material in certain countries. The cosmetic industry has also embraced Hemp seeds.
(3) Marijuana is addiction-free
- An epidemiological study showed that only 9% of those who use marijuana end up being clinically dependent on it.
- The ‘comparable rates’ for tobacco, alcohol and cocaine stood at 32%, 15% and 16% respectively.
(4) Good source of Revenue
- By legalizing and taxing marijuana, the government will stand to earn huge amounts of revenue that will otherwise go to the Italian and Israeli drug cartels.
- In an open letter to US President George Bush, around 500 economists, led by Nobel Prize winner Milton Friedman, called for marijuana to be “legal but taxed and regulated like other goods”.
(5) A potential cash crop
- The cannabis plant is something natural to India, especially the northern hilly regions. It has the potential of becoming a cash crop for poor marginal farmers.
- If proper research is done and the cultivation of marijuana encouraged at an official level, it can gradually become a source of income for poor people with small landholdings.
(6) Prohibition was ineffective
- In India, the consumption of synthetic drugs like cocaine has increased since marijuana was banned, while it has decreased in the US since it was legalized in certain states.
- Moreover, these days, it is pretty easy to buy marijuana in India and its consumption is widespread among the youth. So it is fair to say that prohibition has failed to curb the ‘problem’.
(7) Marijuana is less harmful
- Marijuana consumption was never regarded as a socially deviant behaviour any more than drinking alcohol was. In fact, keeping it legal was considered as an ‘enlightened view’.
- It is now medically proven that marijuana is less harmful than alcohol.
Risks of Legalizing Cannabis
(1) Health risks continue to persist
- There are many misconceptions about cannabis. First, it is not accurate that cannabis is harmless.
- Its immediate effects include impairments in memory and in mental processes, including ones that are critical for driving.
- Long-term use of cannabis may lead to the development of addiction of the substance, persistent cognitive deficits, and of mental health problems like schizophrenia, depression and anxiety.
- Exposure to cannabis in adolescence can alter brain development.
(2) A new ‘tobacco’ under casualization
- A second myth is that if cannabis is legalized and regulated, its harms can be minimized.
- With legalization comes commercialization. Cannabis is often incorrectly advertised as being “natural” and “healthier than alcohol and tobacco”.
- Tobacco, too, was initially touted as a natural and harmless plant that had been “safely” used in religious ceremonies for centuries.
(3) Unconvincing Advocacy
- Advocates for legalization rarely make a convincing case. To hear some supporters tell it, the drug cures all diseases while promoting creativity, open-mindedness, moral progression.
- Too much trivialization of Cannabis use could lead to its mass cultivation and a silent economy wreaking havoc through a new culture of substance abuse in India.
Legalization status elsewhere in India
- Several states in India have already legalized cannabis cultivation, including neighboring Uttarakhand, which became the first state in the country to do so in 2017.
- Controlled cultivation is being done in some districts of Gujarat, Madhya Pradesh, and Uttar Pradesh.
Legal Framework for Cannabis Cultivation
- Definition of Cannabis: The Parliament has defined cannabis in the Narcotic Drugs and Psychotropic Substances Act (NDPS), 1985.
- Ban on extracting resin and flowers: While a complete ban has been imposed on extracting the resin and flowers of the cannabis plant, the law determines the method and extent of cultivation of cannabis for medicinal and scientific purposes.
- Authorities to States: Section 10 (a) (iii) of the Act empowers States to make rules regarding the cultivation of any cannabis plant, production, possession, transport, consumption, use, purchase, sale, and consumption of cannabis (except charas).
- Cultivation of hemp: States are also empowered to permit, by general or special order, the cultivation of hemp, only for obtaining fibber or seeds or for horticultural purposes.
What next?
- The government will consider all aspects, including regulatory measures, and study the models followed by other States that have legalized cannabis cultivation, before taking the final call.
- Highlighted that the government is cautious about the potential increase in drug use, and will make a decision only after a thorough study by the committee.
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