Thousands of Indians queue annually at state-licensed shops to purchase bhang on Holi; vendors incorporate it into laddoos, thandai and pakoras. People in their families often joke about who first “got high” from it, and enforcement by police is often lenient. The state regulates the sale of bhang and taxes it.

But wait a min…who are youuu? 

Conversely, possession of marijuana is punishable by imprisonment under various state and federal narcotics laws.

Ye bhed bhav kyun? 

The Religious Significance of Bhang

Since ancient times, bhang has held a religious and cultural significance for many people in Northern India and it has been suggested that the consumption of cannabis has its roots in the worship of Lord Shiva. The Atharva Veda is one of many historical references to the practice of consuming bhang, indicating that it is a sacred plant and is referred to as such by various researchers, although scholars have different interpretations of the references.

In many communities, bhang is seen as a part of a ritualistic celebration of Holi, rather than a form of recreational inebriation. The governments of both Uttar Pradesh and Rajasthan provide the authority to license bhang vendors and sell bhang through licensed channels. Shops in cities such as Varanasi and Jaipur are authorized to sell bhang year-round, with the greatest demand occurring during Holi. (And ngl, vibe toh hai). 

These businesses are regulated by state (excise) authorities and are a formal, legalized market for cannabis products. By having regulation from various state-level excise departments, bhang products receive a degree of administrative legitimacy that marijuana does not.

The NDPS Act establishes the legal definition of both marijuana and bhang.

The NDPS Act (Narcotic Drugs and Psychotropic Substances Act), which was passed in 1985, provides a comprehensive regulatory framework for all forms of narcotics in India.

According to Section 2 of the NDPS Act, cannabis (hemp) is defined as follows:

(a) charas (the resin from cannabis);

(b) ganja (the flowering / fruiting tops of the cannabis plant excluding the seeds and leaves when they are not part of the flowering tops).

This is the essential legal distinction between charas and ganja. The NDPS Act makes it a criminal act to possess or distribute charas or ganja (i.e., the flowering tops of the cannabis plant) but does not specifically make it a criminal act to possess or distribute the leaves or the seeds of cannabis when the leaves or the seeds are not part of the flowering tops of the cannabis plant.

Bhang is typically made with the leaves of cannabis, not the flowering tops or the resin. Since the NDPS Act does not make it illegal to possess or distribute the leaves of the cannabis plant, bhang is not subject to the prohibitions laid out in the NDPS Act.

Bhang bhang bach gaye!

This distinction in wording is the foundation of the paradox.

Why States Are Allowed to Legally Sell Bhang

Under the NDPS Act, which applies to all states in India, states are permitted to regulate certain parts of the cannabis plant. States will often regulate bhang (cannabis leaves) under their laws related to excise rather than under criminal laws pertaining to narcotics.

As a result, state governments have started issuing licenses to bhang shops and regulating the production and sale of bhang. Depending on the season (i.e., some states will allow consumers to purchase bhang legally on festival days, and other states will allow it all year).

On the other hand, if law enforcement finds ganja (flowering tops) or charas (resin) in the possession of an individual, they can arrest and prosecute that individual under the NDPS Act. Depending on how much ganja or charas was found, the individual could face possible incarceration and/or substantial fines.

Thus, the difference between the two types of cannabis (legal vs. illegal) under India’s legal system lies not in the cannabis plant itself, but in which part of the cannabis plant the individual is currently in possession of.

The International and Colonial Context

The strict regulatory framework for cannabis in India did not come into existence by itself. Indian lawmakers created the NDPS Act in 1985 to help comply with India’s international obligations under the drug conventions established by the United Nations and the treaties that implement those conventions.

Cannabis has been consumed for centuries throughout India in various ways (medicinally, spiritually, and recreationally). However, during the 20th century, global anti-drug initiatives pursued by signatory nations established a framework of prohibitions against cannabis and other drugs through an international agreement and created a mechanism for those countries to develop minimum standards for enforcement and regulation of drugs within their own borders.

Initially, India actively resisted attempts to include cannabis in the comprehensive prohibition framework being developed through international negotiations; however, as international pressure increased and there was a shift in domestic policy toward stricter prohibitions against drugs, by the 1980’s India had adopted a comprehensive framework of laws prohibiting the use and possession of cannabis, which is now held in the Narcotics and Psychotropic Substances Act of 1985 (NDPS Act).

The Reality of Enforcement: Arrests Under the NDPS Act

According to statistics published by the National Crime Records Bureau (NCRB), Indian law enforcement officials annually register tens of thousands of felony drug offenses pursuant to the NDPS Act; a substantial portion of these offenses relate to cannabis. (because ofcourse). 

Local law enforcement (more frequently than you find out) arrests people for possessing small amounts of ganja, although the NDPS Act sets out three discrete categories of possession- small amount, medium amount, and commercial amount; the criminal justice process consumes a huge amount of time and money regardless of how much ganja is actually seized.

In addition to the possibility of arrest and prosecution, people are allowed to legally purchase bhang in India from licensed vendors during Holi. The fact that there are individuals engaging in two radically different types of cannabis consumption (one that is legal, and the other that is illegal) creates a paradox with the way that cannabis is viewed by the public.

Marijuana be like, kya itna bura hoon main maa? 

Wait, Bhang and marijuana affect our bodies differently?

Bhang can be eaten or drunk, such as in thandai, but marijuana will produce immediate effects once it reaches the lungs. When eating or drinking Bhang, Delta-9-THC is metabolized by the liver to create stronger 11-Hydroxy-THC after a few hours. Due to the delay in action, people tend to consume more Bhang than they first planned, (wait, you all are planning before doing nashe) thereby increasing their risk of Acute Intoxication.

However, marijuana that is smoked enters the bloodstream quickly via the lungs, therefore providing an Immediate effect; however, smoking marijuana also creates health issues related to Respiratory problems from smoking.

So what do you think about this bhed bhaav, till what extent is this justified? 

Also guys, 

Zyada Holi Peekar Bhaang Na Khelein,

Issued in public interest 🙂