Central Idea

• Himachal Pradesh is reportedly considering legalizing cannabis cultivation, joining Uttarakhand, Gujarat, and Madhya Pradesh. The criminalisation of cannabis cultivation and drug use in India under the Narcotic Drugs and Psychotropic Substances (NDPS) Act 1985 has resulted in long pre-trial incarceration, stigmatisation of users, and poor rehabilitation prospects. A public health approach could help address drug dependence and reduce the burden on the criminal justice system.

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-food 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.

All you need to know about Narcotic Drugs and Psychotropic Substances (NDPS) Act 1985

• The Narcotic Drugs and Psychotropic Substances (NDPS) Act is an Indian law that prohibits the production, manufacture, possession, transportation, sale, and consumption of narcotic drugs and psychotropic substances.
• The Act was enacted in response to the US-led global war on drugs in the 1970s.
• The NDPS Act has been amended several times since its enactment, with the most recent amendment being in 2014.
• The Act defines different categories of drugs and prescribes different punishment for different offenses.
• The Act has been criticized for its strict provisions, especially for small-scale drug users, who are often imprisoned and face difficulty accessing rehabilitation and de-addiction centers. In recent years, there have been calls for decriminalizing small-scale drug use and treating drug consumers as victims rather than offenders.

Why criminalizing drug users is not a good option?

• Pre-trial incarceration and stigmatization: Criminalization means long pre-trial incarceration and stigmatization of drug users, who are often from socially and economically vulnerable backgrounds.
• Lack of access to de-addiction centres: Many drug users lack access to de-addiction centres, which makes their rehabilitation difficult.
• Difficulty in rehabilitation: Putting drug users behind bars makes their rehabilitation difficult and exposes them to the risk of becoming peddlers.
• Overburdened criminal justice system: Over-criminalisation of drug users clogs already burdened courts and adds to the workload of overworked investigating agencies.
• Squandering public resources: Public resources that could have been deployed to set up a robust rehabilitation network are squandered away in the process.
• Ineffective in deterring drug use: Criminalisation was intended to deter the use of drugs. However, drug dependence has increased over the years across the world.
• Undermining social well-being: The over-criminalisation of drug users undermines their social well-being, which perpetuates the cycle of addiction and crime.

Steps to address the negative impact of criminalizing drug users

• Decriminalization: The government should consider decriminalizing the possession of small quantities of drugs for personal consumption, as recommended by the Ministry of Social Justice and Empowerment. This will treat drug users as victims rather than culprits and facilitate their rehabilitation.
• Public health approach: The government should adopt a public health approach to address drug use as a public health issue. This involves providing healthcare services to drug users, focusing on their well-being and rehabilitation, rather than just punishing them.
• Differentiating between peddlers and consumers: The government should differentiate between drug peddlers and drug consumers and take different approaches to dealing with them. While drug peddlers should be punished, drug users should be treated as victims and provided with rehabilitation services.
• Setting up a robust rehabilitation network: The government should allocate resources to set up a robust rehabilitation network for drug users. This will help address the root cause of drug use and reduce its negative impact on society.
• Public awareness campaigns: The government should conduct public awareness campaigns to educate people about the negative impact of drug use on health and well-being. This will help reduce the demand for drugs and prevent drug use among the population.

Facts for prelims

Conclusion

• The criminalization of drug use in India has not deterred drug dependence and has resulted in a burden on the criminal justice system. A public health approach could help address drug dependence and reduce the stigma associated with drug use. India could learn from the examples of countries like Portugal and Canada and the state of Sikkim.

Mains Question

Q. Recently more and more states are considering legalizing cannabis cultivation. In light of this discuss the benefits of its cultivation and impact of criminalizing drug users in India.

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