The use of cannabis is not completely prohibited in the country because it can be used for medical and scientific purposes, the Centre urged the Delhi High Court on Monday that the petition to legalise it for a number of reasons, including medicinal purposes, should be heard as soon as possible.
The petitioner, Great Legalisation Movement India Trust, stated that there were reports that cannabinoids helped to offset the influence of COVID-19, however the petitioner’s plea for an early hearing was denied by the bench led by Justice Rajiv Shakhder.
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The petition, which will be heard again in March, challenges parts of the Narcotic Drugs and Psychotropic Substances Act (NDPSA) that restrict the use of cannabis, claiming that the drug has therapeutic and industrial uses.
The petitioner is requesting that the central government issue regulations allowing and regulating the use of cannabis, particularly for therapeutic purposes.
The Centre claimed in an affidavit filed last year that it has “adopted a balanced approach on cannabis” by allowing states to “permit, control, and regulate the cultivation of any cannabis plant, production, manufacture, possession, transportation, import inter-state, export inter-state, sale, purchase, consumption, or use of cannabis (excluding charas) for medical, scientific, and industrial purposes.”
According to the federal government, the current legal framework governing cannabis usage does not violate Articles 14 (right to equality), 19(1)(g) [freedom of trade], 21 (right to life), or other constitutionally protected fundamental rights.
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The State of Uttarakhand has authorised hemp production for industrial reasons while exercising this jurisdiction, and hemp-based items are available in the market and on the internet, according to the affidavit.
Cannabinoids are not a first-line treatment, according to the Centre, and there is a “great risk” of cannabis being diverted for non-medical use.
According to a poll conducted by the Ministry of Social Justice and Empowerment, cannabis and opioids are the second and third most often used substances in India after alcohol, with one out of every eleven cannabis users suffering from cannabis dependence at the national level.
