Originally posted by: NoraSM
Because we are discussing legality of drugs...
Why’s bhang (cannabis) legal when marijuana (cannabis) is illegal?
The 1961 international treaty Single Convention on Narcotic Drugs
clubbed cannabis with hard drugs. During the negotiations, the Indian delegation opposed its intolerance to the social and religious customs of India. As a compromise, the Indian Government promised to limit the export of Indian hemp, and the final draft of the treaty defined cannabis as
"Cannabis" means the flowering or fruiting tops of the cannabis plant (excluding the seeds and leaves when not accompanied by the tops) from which the resin has not been extracted, by whatever name they may be designated.
— Commentary on the Single Convention on Narcotic Drugs, 1961: Paragraph I, subparagrah (b)
Bhang was thus left out from the definition of "cannabis". This allowed India to carry on the tradition of large-scale consumption of bhang during Holi. The treaty also gave India 25 years to clamp down on recreational drugs. Towards the end of this exemption period, the Indian government passed the Narcotic Drugs and Psychtotropic Substances Act
in 1985.
The NDPS maintained the same definition of "cannabis", excluding bhang from its purview:
"cannabis (hemp)" means:
(a) charas, that is, the separated resin, in whatever form, whether crude or purified, obtained from the cannabis plant and also includes concentrated preparation and resin known as hashish oil or liquid hashish;
(b) ganja, that is, the flowering or fruiting tops of the cannabis plant (excluding the seeds and leaves when not accompanied by the tops), by whatever name they may be known or designated; and
(c) any mixture, with or without any neutral material, of any of the above forms of cannabis or any drink prepared therefrom
— NDPS Act, 1985: I.2.iii
NDPS banned the production and sale of cannabis resin and flowers, but permitted the use of the leaves and seeds, allowing the states to regulate the latter.
https://en.wikipedia.org/wiki/Cannabis_in_India#Legal_status
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