The NDPS Act and Cannabis
The Narcotic Drugs and Psychotropic Substances Act was passed in 1985 and remains the primary legislation governing cannabis in India. The Act defines “cannabis (hemp)” as the flowering or fruiting tops of the cannabis plant, resin obtained from such tops, and any mixture or drink prepared from such tops or resin. Crucially, the definition explicitly excludes leaves of the cannabis plant not accompanied by the tops, and seeds.
This statutory exclusion of leaves is the legal basis for bhang — a traditional preparation using cannabis leaves — to remain legal. Individual states retain the power to regulate bhang, and most major states permit its sale through licensed vendors. The central Act does not legalise bhang; it simply does not cover the specific plant parts used in bhang preparation.
Penalties Under the NDPS Act
The Act distinguishes between small quantity, intermediate quantity, and commercial quantity. Small quantity for cannabis (ganja) is defined as 1,000 grams; commercial quantity is 20,000 grams. Possession of small quantity carries a maximum of 1 year imprisonment or a fine of Rs. 10,000, or both. Between small and commercial quantity: up to 10 years. Commercial quantity: 10-20 years with minimum 10 years and fine up to Rs. 2 lakh. Repeat offences carry enhanced penalties.
There is no general tourist exemption. Foreign nationals are subject to the same penalties as Indian citizens. The act of being in possession is sufficient — intent to distribute is not required for the base possession offence.
What Is Legal
Bhang (cannabis leaf preparations) where permitted by state law. Hemp-derived CBD products with THC below 0.3% under FSSAI guidelines. Industrial hemp cultivation in licensed states (Uttarakhand, Himachal Pradesh). Hemp seeds, fibre and non-psychoactive hemp products.