Is Bhang Legal In India?

Is Bhang Legal in India? Bhang, a traditional drink made from cannabis leaves and seeds, holds deep cultural and religious significance in India, especially during festivals like Shivratri and Holi. Despite its historical importance, confusion surrounds the legal status of the bhang. To answer this, it's essential to understand the legal framework regulating its use and the cultural context that influences it. This article explores the various facets of cannabis in India, focusing on the bhang’s legality, cultural impact, and the laws that govern its consumption.

What is Bhang?

Bhang is the name for edible cannabis. This is a classic Indian dish prepared using cannabis leaves. It has long been a part of religious and cultural rituals. This is especially around holidays like Holi and Maha Shivaratri. A paste consisting of crushed female cannabis leaves, buds, and flowers is mixed with spices in a mortar.

Desserts such as bhang lassi and thandai, along with blended beverages containing yogurt, milk, or other ingredients, are made from bhang.

Historical Background of Bhang in India

In India, there has been cannabis usage for thousands of years. One of the oldest Hindu texts, the Atharvaveda, has references to bhang. It was regarded as a holy plant with healing and spiritual qualities. Bhang was used for its medicinal properties in ancient India, and it was also connected to Lord Shiva, one of the main Hindu deities, who is frequently seen taking the drug.

Around the subcontinent, agriculture extended gradually from Kashmir to Kullu (Himachal Pradesh), Gujarat, the southern Maratha country agency, central India, Assam, Bengal, Orissa, and the presidency of Madras. The Ganja mahals of Bengal produced the best variety, known as baluchar, of all the locations. Although it was sometimes done covertly, domestic sustenance production was also performed.

Owing to its extensive cultivation, cannabis became ingrained in Indian society's social and religious customs as well as everyday life. The production of Bhang, an edible and comparatively milder cannabis mixture that is consumed at festivals, and social events, or given to guests as a host, was the overt expression of the same. It also gained popularity as a way to beat the intense summer heat in the form of drinks like lassi and thandai.

Bhang lassi is a dish made from powdered green inflorescence, whey, and curd that is blended by hand in a village mixer till the butter rises. It is thought to be flavorful and energizing. While going about their hectic daily lives, common folk in places like Punjab and Berar also utilized Bhang fakirs, a blend of gur and bhang.

Legal Framework of Bhang in India

Looking at the larger legal landscape is crucial to comprehending the legality of bhang in India.

Single Convention on Narcotic Substances

India has signed three international agreements. The 1961 Single Convention on Narcotic Drugs classified cannabis, or marijuana, along with other narcotics, banning its production and sale except for medical and scientific purposes. However, bhang is still legal in India because the treaty's definition of "cannabis" excludes the plant's leaves, allowing the traditional consumption of bhang to continue.

NDPS Act

The Narcotic Drugs and Psychotropic Substances Act of 1985 is the main legislation that controls cannabis usage in India. The NDPS Act states that cannabis growing is prohibited unless authorized for medicinal or research purposes.

It is illegal to possess, sell, or transport cannabis resin and flowers, such as ganja and charas. Nonetheless, the usage of cannabis leaves and seeds, which are used to manufacture bhang is not expressly forbidden by the NDPS Act.

Because of this, the majority of India now views it as acceptable and lawful, while state laws may vary. A few states have already granted licenses to stores that sell bhang lawfully.

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Legality of Bhang in Several Indian States

In India, the usage of cannabis leaves and seeds can be regulated and controlled by individual states. This implies that state-by-state variations may exist in the legalization of bhang.

As an instance:

• Himachal Pradesh: It is renowned for its cannabis culture. This state often permits the consumption of bhang during celebrations, but local authorities usually overlook this.
• Rajasthan and Uttar Pradesh: In these states, legitimate enterprises are the only venues to legally buy cannabis during holidays like Holi and Shivratri.
• Madhya Pradesh and Uttarakhand: These two states have also shown an absence of regulations on the usage of bhang .

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Cultural, Social, and Religious Significance of Bhang in India

The legal status of Bhang in India is largely determined by the cultural and religious importance of bhang. Bhang is deeply ingrained in Indian religion and culture. It is connected to the devotion of Lord Shiva, who is frequently shown chowing down on bhang. Bhang is drunk as a religious offering and to heighten the festive mood during holidays like Holi and Shivratri.

Sikhism

During his lifetime, Guru Nanak urged the Sikhs to abstain from using bhang and other intoxicants. Subsequently, the Sri Guru Nanak Prabhandhak Committee declared bhang illegal. While it is completely forbidden for Sikhs to get intoxicated in any way, certain Sikhs, known as the Nihangs, have not accepted this prohibition. In the community, eating this edible cannabis variety also known as "Sukha," "Sukhnidhaan," or “Shaheedi Digha” remains common.

Hinduism

Bhang is thought to be Lord Shiva's favorite dish and is linked with him. To this day, people still drink it on the days of Shivratri and Holi, two Hindu holidays named after Lord Shiva. Its association with religion and spirituality has also never gone unnoticed, since Bhang has long been utilized in Shiva worship rituals and by Sadhus to induce contemplative states.

Buddhism

Theravada Buddhists prohibit the use of substances such as alcohol; the Mahayana Buddhists discourage it somewhat; and the Vajrayana school, which is connected to Tantric traditions, discourages it somewhat but sometimes encourages it. Regarding the medical application of bhang, one interpretation of the Buddhist ethical code has been put up. The code prohibits using drugs in ways that are harmful to oneself or others and affirms the use of drugs for the benefit of oneself and others.

Islam

Two centuries after the prophet's passing, cannabis was legalized in the Middle East, suggesting that cannabis preparations were not even known while the prophet lived. This may be the cause of the Koran's omission of any references to its prohibition, even though other fermented drinks are prohibited. Cannabis did not come to be known or even be the focus of research until the ninth century when Arab scholars translated Greek manuscripts.

Nonetheless, several Arab doctors have issued cautions on the potential risks associated with cannabis usage. Upon examining the relationship between Islam and Bhang specifically, we see that several Islamic scholars and poets from the post-9th century era described the amazing qualities of Bhang. One such work of literature from the eleventh century is "One Thousand and One Nights." One of the stories also mentions that the religious leader sprinkled some bhang on the ground as part of the rituals during the mosque's procedures for driving evil away from the faithful.

Also, the societal acceptance of bhang, especially among particular areas and groups, has been a major factor in its prolonged usage. Even though its use tends to surge during festival season, its acceptability in the culture frequently goes beyond that period.

Medicinal Use of Bhang

The anaesthetic and anti-phlegmatic qualities of bhang were well-known in society even in the Vedic era. Its traits and qualities were better comprehended and utilized over time. According to Ayurveda, Bhang is referred to as an Upavisha or sub-toxic plant. Therefore, it is recommended that it be used only following the shodhana procedure, which purifies intoxicants. It is also mentioned in the Sushruta Samhita, Bhava Prakasha, and Atharva Veda, which lists it as one of the five most sacred meals.

Nevertheless, it is revered as a "food of gods" in Panini's Ashtadhyayi, the well-known grammar manual of India, demonstrating its holiness and therapeutic value. Ayurveda's effectiveness in treating blood poisoning, malaria, black water fever, eye conditions, nervous system malfunctions, and weariness has been researched.

When taken in appropriate amounts, bhang is supposed to treat a broad range of diseases, including inflammation, skin infections, pains in the muscles, insomnia, and digestive issues. Positive findings have been produced thus far in the investigation of Bhang's essential oil's antibacterial capabilities.

Bhang is said to have aphrodisiac, retentive, hypnotic, and sedative effects in the Unani medical system. Also, the majority of homoeopathic remedies are derived from the cannabis plant's blooming portion. While the cannabis plant as a whole is mentioned, not much is said about using bhang for medical purposes. Among other conditions, homoeopathy has been used to treat personality issues, mental illnesses, hallucinations, memory loss, and back and neck discomfort.

The allopathic medical establishment has not done much study on the health advantages of bhang, but it has done a lot on the benefits of THC, the chemical molecule that is present in bhang. THC was proven to be more effective than any other medication in relieving nausea and vomiting in individuals receiving chemotherapy during randomized controlled trials conducted in the United States. Additionally, THC has been tested recently for the treatment of glaucoma, cancer, HIV/AIDS, sclerosis, non-cancer pain, anxiety, and stress.

Health Implications of Bhang

Bhang proponents contend that when used in moderation, the drug offers several health advantages, such as the ability to reduce stress and manage pain. However, concerns exist regarding the possibility of bhang addiction and misuse. Like other cannabis strains, bhang abuse may lead to health issues like dependency, anxiety, and cognitive impairment. Some have called for tighter regulation due to these health dangers, particularly in light of the growing international attention around cannabis usage.

Conclusion

The legal status of cannabis in India is complex and deeply tied to cultural and religious traditions. While the NDPS Act permits the use of bhang made from cannabis leaves and seeds, it imposes restrictions on the stronger parts of the plant. As societal views on cannabis shift, future changes in the regulatory environment could lead to greater acceptance of bhang and other cannabis products in India.