How a 1985 law transformed India's long-standing relationship with cannabis

How a 1985 law transformed India's long-standing relationship with cannabis
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In short: For millennia, cannabis use was a common, non-deviant part of Indian life. However, following intense international pressure, India enacted the NDPS Act in 1985, fundamentally shifting from a culture of commonplace use to a strict regime of prohibition and rigorous imprisonment.

Before 1985, India had no specific legislation regarding narcotics. Cannabis use has been documented in the region since at least 2000 BC, appearing in the ancient Atharvaveda. Even as recently as 1893, the Indian Hemp Drugs Commission—a massive 3,281-page study involving 1,200 witnesses—concluded that moderate hemp use produced no injurious effects on the mind or moral character.

The landscape changed when the Rajiv Gandhi government enacted the Narcotic Drugs and Psychotropic Substances (NDPS) Act on 14 November 1985. This shift was driven by international pressure, specifically from the United States, which had been campaigning for worldwide drug laws following the 1961 Single Convention on Narcotic Drugs. While India had previously resisted these moves, the 1985 Act brought the nation into alignment with UN conventions.

The Act's implementation has been highly controversial. Critics argue the law is 'draconian,' noting that it places the burden of proof on the accused and presumes a 'culpable mental state.' Furthermore, the law treats hard and soft drugs similarly, a policy that The Times of India suggested actually created a drug problem where none existed by driving dealers toward higher-profit, harder substances.

Punishments under the Act are strictly tied to quantity. Small quantity offences can lead to one year of rigorous imprisonment, while commercial quantities—such as more than 1 kg of hashish—can trigger mandatory minimum sentences of 10 years and maximums of 20 years. Recent debates have focused on decriminalizing personal consumption to prioritize rehabilitation over incarceration.

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