The Himachal Pradesh government is planning to legalise cannabis (hemp) cultivation, as Chief Minister Sukhvinder Singh Sukhu has issued directions to form a panel to explore the possibility of its legal cultivation. The legal cultivation of cannabis would play a significant role in generating revenue for the state besides proving beneficial for the patients due to its medicinal properties and can be used for industrial purposes as well, a statement issued here on Tuesday said.
Under the NDPS Act, states are empowered to permit, by general or special order, the cultivation of hemp, only for obtaining fibre or seeds or for horticultural and medicinal purposes. The cultivation of cannabis for industrial purposes, such as making industrial hemp or for horticultural use, is legal in India. The National Policy on Narcotic Drugs and Psychotropic Substances recognises cannabis as a source of biomass, fibre and high-value oil, the statement said.
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The government was cautious about the potential increase in drug use and had formed a five-member committee of MLAs, the Chief Minister said, adding that the committee will conduct a thorough study of every aspect related to cannabis cultivation in the state. The committee will visit areas where illegal cultivation of cannabis takes place and submit a report in a month, and the government would take a decision on the basis of the report submitted by it, the chief minister said.
Sukhu has categorically stated that the state government will consider enacting a law after getting complete information on the use of cannabis leaves and seeds. The central government has also given legal status to the cultivation of cannabis in some districts of Rajasthan, Madhya Pradesh and Uttar Pradesh. Apart from this, cannabis is also being cultivated in Uttarakhand for industrial use. Under the NDPS Act, the state has been given the right to cultivate cannabis and transport it.
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The state government would consider all aspects, including regulatory measures, and will study other states that have legalised it before taking a final call. Cannabis cultivation has been kept under the legal purview in several states. The neighbouring state of Uttarakhand has become the first state in the country to legalise cannabis cultivation in 2017, while controlled cultivation of cannabis is also being done in some districts of Gujarat, Madhya Pradesh and Uttar Pradesh.
It will be pertinent to mention here that Parliament defined cannabis in the NDPS Act in the year 1985, under which a complete ban has been imposed on extracting the resin and flowers from the cannabis plant. But this law determines the method and extent of cultivation of cannabis for medicinal and scientific purposes. Section 10 (a) (iii) of the Act empowers the states to make rules regarding the cultivation of any cannabis plant, production, possession, transport, consumption, use and purchase and sale, and consumption of cannabis (except charas).
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