Cultural Legitimacy Vs. Legal Prohibition: The Status Of Bhang Consumption Under Indian Narcotic Law
- IJLLR Journal
- 13 minutes ago
- 2 min read
Gurleen Kaur, LL.M. (Master of Laws), University Institute of Legal Studies, Chandigarh University, Mohali, Punjab, India.
Dr. Navneet Kaur Chahal, Head of Department and Associate Professor, University Institute of Legal Studies, Chandigarh University, Mohali, Punjab, India
ABSTRACT
Bhang regulation in India illustrates how a federal structure can respect cultural practices while keeping drug control intact under the Narcotic Drugs and Psychotropic Substances Act. The starting point is statutory definition. By excluding leaves and seeds without tops, Section 2(iii) NDPS narrows narcotic status to resin and flowering tops, which leaves bhang to State control through Section 10. The analysis classifies three pathways. Licensing States publish annual policies or standalone bhang rules that allocate retail outlets, set quantity caps, and formalize procurement from designated suppliers. Legacy-rule States retain mid twentieth century excise frameworks that rely on auctions and farm gate controls to fix fees and revenue. Restrictive States either prohibit or avoid specific policy, keeping retail scarce while the NDPS baseline governs criminal exposure. Constitutional filters of competence and repugnancy test the validity of each pathway, with Article 254 supplying Union priority where direct conflict emerges. Enforcement study tracks resin detection practices, sampling, and certification under Section 52A NDPS to distinguish ganja from leaf-based preparations and to reduce wrongful seizure. The comparative framework suggests a specific chapter in State excise that covers off-premises sales, age limits, transaction limits, laboratory testing, tamper-evident packaging, and bonded warehouse supply with a traceable chain of custody. It prescribes escalated penalties for any mixing with tops or resin, linking sanction gravity to detected tetrahydrocannabinol content and deliberate adulteration. The framework preserves Union control over narcotic substances while standardizing State tools for bhang, supporting cultural visibility in public rites and seasonal consumption, and producing predictable compliance. The research highlights a model that lowers conflicts among departments, specifies what is expected from stores, and raises the quality of evidence for successful prosecution as well as that does not displace State authority.
Keywords: Bhang; NDPS Act; cannabis leaves; state excise; licensing; cultural practices; federalism; Article 254; harm reduction; India
