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Ganja has deep roots in the Himalayan foothills, evolving naturally over the last 10 million years. Human interaction with cannabis began around 10,000 years ago when settlers in the region began using it for food, construction, medicine, ritual, and pleasure. Over time, cannabis became endemic throughout India and eventually spread across the globe.
For thousands of years, cannabis was legally used in India—for medicinal purposes, ritual consumption, and recreational smoking. That changed in 1961, when India signed the UN Single Convention on Narcotic Drugs. The agreement mandated that ganja be made illegal by 1986.
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When I first visited in 1981, I photographed a large legal cannabis farm. Today, cultivation is no longer legal anywhere in India, yet cannabis remains widely available—though typically of poor quality, as plants are harvested before flowering.
Rosenthal’s 1981 visit. Photo: Ed Rosenthal
On previous trips, I came as a tourist. This time, I returned with a purpose: to support the growing re-legalization movement and help spark “good trouble.” At a recent meeting with activists, I was asked to share reasons why India should re-legalize ganja. The outline below is now circulating throughout the country.
Re-legalization means just that—making ganja legal again. After thousands of years of sanctioned use, it has only been prohibited for the last 40.
Why Ganja Should Be Re-Legalized in India
Ganja use has been a part of Indian culture and religious practice for millennia. It has rarely been considered a cause for concern. Even the Indian Hemp Drugs Commission, established by the British in 1893 and reporting in 1894, concluded that cannabis was not a significant problem but should be regulated and taxed.
The tax and regulate laws continued after independence in 1948. It was only in 1961, 13 years after independence, that Western governments compelled India to sign the Single Convention on Narcotics and Dangerous Drugs, which called for the criminalization of all cannabis.
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Because of the special relationship between cannabis and Indian traditions, two special conditions were placed on the cannabis provisions as concerned India. First, the transition to criminalization would take place over a 25-year period, and a religious exemption for bhang, which has remained legal.
The 25-year exemption served several purposes for the government. First, its enforcement later on meant that the current administration would not face too much opposition. All of its members would be retired by the time the law went into effect. Secondly, in 25 years, perhaps the world might come to its senses and the provisions regarding ganja might never actually come into effect.
However, the second possibility was not realized. The result was that the last legal harvest of mature buds occurred in 1985. Since then, legal bhang has been made from immature plants.
There are many reasons why India should revise the ganja laws, once again making it legal, regulated, and taxed:
The Ganja Laws Are Ineffective
Ganja and charas are readily available throughout the country. Although illegal for 40 years, the government has not been able to stop its cultivation, distribution, or use, and in fact, it’s become more popular in the last few years.
The Ganja Laws are Widely Viewed as Unjust and Irrational
Users view ganja as a benign herb with minimal negative side effects. Enforcement of these laws causes the public to question the legitimacy of other laws and the justice system as a whole.
Departments of Agriculture and Excise Tax. Photo: Ed Rosenthal
The Laws Sustain an Illegal, Unregulated Market Outside the Legal Economy
Considering that ganja is consumed throughout India, it is a multi-billion-dollar industry that operates outside the purview of the government. Legalization would bring this market under government oversight.
The Laws Cause Corruption
Since the police know that ganja is a victimless crime, they readily accept bribes to overlook cannabis-related cases. Everyday corruption like this erodes society’s attitude toward law enforcement and justice.
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Enforcing the Law Is a Cost to Both the Federal and State Governments
Any time that police or prosecution spend on ganja cases is a waste of the employees’ valuable time and services, and a waste of taxpayer money. The reason is that no measures they can take will have a significant effect on supply.
Unregulated, Untested Consumer Products Are a Threat to Health and Hygiene
In countries where marijuana is legal, the herb is tested to make sure that it contains no heavy metals or bacterial or fungal contamination. Without the substance being legal, no examination of the product can occur.
Prohibition Leads to Increased Alcohol Use
When ganja becomes scarce—often due to legal crackdowns—users may turn to alcohol as a substitute. This has public health consequences, as alcohol is associated with liver disease, accidents, and violence, while ganja is not. In the U.S., more people now use marijuana on a given day than alcohol.
Regulation and Taxation of Ganja Will Create a Revenue Stream for Both the Federal and State Governments
In states where cannabis is legal in the U.S.A., billions of dollars are collected each year in excise taxes. This has encouraged states to allow more cannabis stores to open, resulting in lower consumption of alcohol.
Without Legalization, Both the Federal Government and the States Have No Way of Protecting the Unique IP Found in Indian Cannabis
Indian Cannabis has unique chemistry that is not found in European or American cannabis. These cannabinoids, terpenes, and flavonoids are likely to become important in the future. Without investigating and cataloging them, which can only happen efficiently in a legal environment, these are likely to be removed from India with no remuneration to the state.
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Pharmaceutical Development Is Hindered by Current Law
Legal manufacturers of cannabis pharmaceuticals in India have access only to inferior, unripe material, which is costlier to work with because of the low percentage of cannabinoids and terpenes they contain. This puts India at a disadvantage in the world market.
The Religious Significance
Consumption of ganja has been an integral part of religious practice in India for millennia. The weak material now available to religious participants is not respectful to them or the Gods they worship. Bhang, although used religiously, is a poor substitute for ganja and charas, which have traditionally been used by devotees.
Conclusion
The current prohibition of ganja in India is ineffective, unjust, and economically counterproductive. A regulated, legal market would protect public health, reduce crime and corruption, generate revenue, support pharmaceutical development, and honor cultural and religious traditions. It is time for India to return to its roots and re-legalize ganja through thoughtful regulation and oversight.
Author’s Note: This article is issued free of copyright and may be freely used and rebroadcast without specific permission. – Ed Rosenthal
*This article was submitted by a guest contributor. The author is solely responsible for the content.