1. Introduction: -

Marijuana is a admixture of the dried flowers of the Cannabis sativa factory that's greenish-argentine in color. Marijuana, which is also called Cannabis, and by other names similar as weed, pot, ganja, hashish,etc. numerous of them are also generally used on the thoroughfares of India and it has over two hundred road names each over the world. Some individualities bomb marijuana in pipes, water pipes, or blunts, which are just hand- rolled cigarettes wrapped in cigar paper. also, marijuana can be used to make tea, and it's regularly combined with sweets like fairies, eyefuls, or delicacies, especially when it's vended or used as drug. also, the use of vaporizers to consume marijuana is growing. Stronger kinds of marijuana include sinsemilla( from particularly managed womanish shops) and concentrated resins with high attention of the medicine's active factors, similar as moldable budder, hard amber- suchlike shatter, and hash oil painting that resembles honey. These resins are getting decreasingly well- liked among those who use them for recreational and remedial purposes. In 1986 Marijuana was criminalized in India and was put together with the other hard medicines and the product, transportation, trade, and consumption were made illegal under the strict narcotic laws.

Delta-9-tetrahydrocannabinol, the primary psychoactive component in marijuana, is what utmost people use to get high. The substance is substantially present in resin made by the womanish cannabis factory's leaves and kids. further than five hundred other chemicals can be set up in the factory, including further than one hundred cannabinoids, which are chemically related to THC.( 1)

2. History of Cannabis in India-

Cannabis use has a long history that begins in Asia. For generations, India's native variety of Cannabis indica has been growing unrestrictedly along the pitches of the Himalayas and the near plains. Hindus, who are primarily from India and Nepal, consume cannabis regularly, and it has been depicted in multitudinous Hindu Holy Writ. Bhanga is first mentioned in the Atharva Veda(c. 20001400 BC), where it's characterized as a sacred lawn and given other names like Indracana( Gods' Food), Vijaya( Victory), and Amrita( Gift). Cannabis composites were promoted as effective drugs in the Sushruta Samhita( 600 announcement) for the treatment of several apathetic conditions. Indeed moment, cannabis use is considered lucky during the monthly Hindu carnivals of Shivaratri, Krishna Ashtami, Kali puja, and Holi. It's also an important part of some religious rituals. The sundries of cannabis as a useful medicinal condiment, a source of life force and elatedness, and a system for spiritual harmony with the Gods are all emphasized by these literal and mythological narratives.( 2)

Although cannabis use has been proved in India for at least a many thousand times, it was not until the 1800s that cannabis civilization and use both exploded there and around the world asnon-psychoactive hemp began to gain fashionability as a economic cash crop. The huge product of cannabis for hemp under the control of the British in India led to a rise in cannabis use. Although nations ultimately turned to using sword rather of hemp fiber for profitable purposes, cannabis use for recreational purposes had formerly spread to utmost of the world by that point because of social vanquishing and trade. The Indian Hemp medicines Commission Report, which is regarded as one of the foremost comprehensive studies on cannabis operation, was created in 1894 because of the growth in cannabis use. It concluded that only extremely inordinate cannabis operation, rather than occasional use, redounded in dramatic physical, internal, and moral impacts. Cannabis use and civilization continued to rise unabatedly during the preceding decades, peaking in India and Nepal in the 1960s. But in 1985, India legislated the Narcotic medicines and Psychotropic Substances Act, thereby outlawing the growth, manufacture, and use of cannabis as well as 70 other narcotic and psychotropic substances.( 3)

3. literal Value of Cannabis-

The' arthavedas' and other ancient textbooks list cannabis as one of the' five sacred shops' that have been employed in religious rituals since 20001400B.C. In India, there are three different kinds of cannabis. The intensity of the first, or bhang, tip of the cannabis factory varies depending on how important cannabis is used in the medication. It's generally consumed as an infusion in a libation. The alternate, known as ganja, is smoked and is made from the factory's leaves and tips. The third substance, known as charas or hashish, is made up of the resinous kids and/ or splint resin that has been removed from the marijuana factory.( 4)

therefore, Marijuana has literal significance which is as follows-

Hinduism-

During the festivity of the Holi jubilee bhang is heavily consumed as it's said in the Holy Writ of Hindu culture that lord Shiva created the marijuana factory from his body to produce a magical potion. therefore, all the pundits and the common people use bhang during the festivity of this jubilee as it's said that it'll purify your soul, and offering bhang to lord Shiva will help you attain the magical portion created by lord Shiva. Bhang is also offered to lord Shiva during the jubilee of Shivratri. The addicts of lord Shiva are also known for smoking ganja and charas with an instrument called a chillum.( 5)

Buddhism-

The Fifth Precept of Buddhism states that one should" hesitate from wines, liquors, and intoxicants that beget negligence." The applicability of this to cannabis is seen else. The Mahkla Tantra particularly recommends cannabis and a many other psychotropic sauces for remedial uses. still, utmost other instantiations of these persuasions don't fete Tantra, an esoteric tutoring of Hinduism and Buddhism.( 6)

Islamism-

Cannabis isn't expressly interdicted in the Quran, but it's generally regarded as haraam( unethical) because numerous Islamic experts consider it to be khamr( an intoxication). Conservative scholars view cannabis as an intoxicant in orthodox Islam, hence the Hadith classifies marijuana as haraam. The Hadith is the Prophet Mohammed's collection of aphorisms. still, the liberal Muslims allowed that the orthodox, unrestricted- inclined people who ask to circumscribe private enjoyment in the name of religion had misknew the verses in the Quran.( 7)

4. Analysis of Narcotics Drugsand Psychotropic Substance Act, 1985-

We should probe at least one medicine-affiliated law in depth when talking about colorful aspects of alcohol, medicines, and HIV. So, let us look at the 1985 Narcotic medicines and Psychotropic Substances Act( NDPS) in this unit. The NDPS Act, as it's generally appertained to, was created to address the serious social issue of medicine trafficking. In India, several Central and State Enactments were used to regulate narcotic drugs before the NDPS Act. Long agone , the star Central Act of 1930 was passed. multitudinous excrescencies in the current legislation came apparent as time went on and advances in the illegal medicine trade and medicine abuse at the public and transnational situations.( 8)

Cannabis is described in Section 2( iii) as" cannabis( hemp)" and includes charas, which is the separated resin from the cannabis factory in any form, whether crude or purified; ganja, which is the flowering or regenerating covers of the cannabis factory( banning the seeds and leaves when they aren't accompanied by the covers), by whatever name they may be known or designated; and any admixture, with or without an cumulative. When no covers are present, the description in India eliminates leaves and seeds. Despite including charas, bhang isn't included in the Act. Bhang is a cannabis- splint- grounded creation that's popular during certain carnivals in some corridor of India. It isn't defended by the NDPS Act of 1985 because it isn't made from cannabis resin or flowering covers.

sec 8 further specifies that, except for those who do so for medical or scientific purposes in the manner and to the degree permitted by the vittles of this Act, no person shall cultivate the opium poppy or any cannabis factory. According to this provision, marijuana is thus legal in India for medical purposes and scientific study, but it's oppressively banned for recreational use. Cannabis has, still, just lately begun to be used medically, and it has only been used in reciprocal curatives like Ayurveda and homeopathy. State governments haven't issued any permits for cannabis growing. Scientists from each around the world are getting decreasingly interested in probing cannabis' implicit medical operations. The growing of cannabis is allowed for exploration purposes, including tests on different cannabis strains. In addition to this inconsistency, scientific study indicates that the Central Government doesn't permit the use of cannabis for horticultural or artificial uses. For artificial uses, the cannabis factory can serve as a source of fiber and biomass. Some nations permit the growing of cannabis strains with veritably low attention of tetrahydrocannabinol( THC), the psychoactive element that causes intoxication.( 9)

I contend that this section unfairly lumps marijuana and charas together with bhang. Why is bhang consumed on a huge scale fairly yet charas and ganja are both banned substances? Is not the purpose of this contradiction to perplex the Indian crowd? The distinction between extremely dangerous drugs and light intoxicants has not been made by thegovernment.However, it should be established so that moreover all cannabis products are outlawed, or nothing is banned because this bracket is absurd, If a line must be drawn. likewise, the United States' exception allowing for the medical use of cannabis is fabrication given how delicate it's to gain a license for similar purposes. The government's strict zero- forbearance approach has averted it from seeing the egregious and from fastening on conducting its scores and liabilities in an effective manner.

5. Laws Related to Marijuana in Other Countries-

United States of America-

Civil law prohibits the use, trade, and possession of cannabis in the US. still, several countries have interdictednon-medical cannabis operation while still establishing exceptions for medical cannabis use. Marijuana is allowed for trade and possession in Colorado and Washington for both medical and recreational purposes. The countries have a time to design rules governing the distribution and regulation of marijuana, thus for the time being this law remains uncertain. A 2011 bean set up that legalizing marijuana has the backing of 50 of repliers.( 10) The first two countries in the country to legalize cannabis for recreational use were Colorado and Washington in 2012. Obama is opposed to the legalization of marijuana and other medicines, however, because doing so would increase the vacuity and use of illegal anesthetics and present serious enterprises to public health and safety.( 11)

Canada-

Cannabis' legitimacy in Canada is over for debate. The applicable papers of the Criminal Code of Canada and the Controlled medicines and Substances Act haven't been removed because of challenges to cannabis regulations at the civil position. Cannabis is presently simply allowed for medical use in Canada, while it's presently illegal to grow it. Two patient orders are listed as eligible under Health Canada's regulation on access to cannabis for medical purposes, which was espoused in July 2001. Any symptoms that are managed as part of compassionate end- of- life care or those brought on by ails like HIV/ AIDS, multiple sclerosis, arthritis, or epileptic seizures fall under order one. For aspirants who don't fit into order 1 but do have severe symptoms of another medical condition, there's order 2.( 12)

Australia-

In Australia, using cannabis for particular use in lower quantities is allowed in some countries but banned in others. Cannabis use is legal in South Australia, Western Australia, the Northern Territory, and the Australian Capital Territory. In New South Wales, Queensland, Victoria, and Tasmania, it's a crime. Although a felonious conviction for enjoying a bitsy quantum is uncommon, enforcement differs from state to state. In these places, diversion programs are designed to steer malefactors into education, assessment, and treatment programs.( 13)

6. Should India Legalize Marijuana: -

The legal situation of marijuana in the world's most developed nations is briefly illustrated in the section above. Indian laws have been broadly compared to those of the US, Australia, and Canada. This part provides a thorough examination of the numerous studies carried out globally that should assist us in finding the answer to this question.

First, we'll talk about the effects of decriminalizing marijuana use for recreational purposes in India. According to research done by the Connecticut Law Revision Commission, other states' laws that have lowered the penalties for possession of minor amounts of marijuana as well as their effects have been studied.

It was Discovered that: -

1. In states that have eliminated criminal sanctions for small-time marijuana possession, the expenses of detaining and prosecuting marijuana offenders were dramatically reduced.
2. Compared to states that regarded possession as a civil offense, states that continue to treat it as a crime had a larger growth in marijuana use.
3. The use of alcohol or heavy drugs did not significantly rise when marijuana prohibitions were lowered.(14)

The leaders of our country hold the erroneous belief that decriminalizing marijuana will open the door to more dangerous substances. There is little indication that decriminalizing marijuana use will inevitably result in a significant rise in marijuana usage, according to a report by the Institute of Medicine in Washington. Additionally, rates of other illicit substance use among ER patients were significantly higher in states that did not decriminalize marijuana use than they were for marijuana use. It is possible that the continued prohibition of drugs even riskier than marijuana led to increased use.(15)

Decriminalization would be advantageous for India. The research mentioned above clearly disproves the idea that marijuana is a gateway drug to more dangerous substances. The more we exert ourselves, the more energy we use up. The more resources will be wasted the harder we strive to ban them. Even though marijuana has been used in India since ancient times and festival use of bhang makes it harder to control, some of the money spent battling marijuana addiction could be better used to combat larger and more powerful drug cartels. Additionally, people utilize their judgment when it comes to marijuana and other drugs like alcohol and tobacco.

In India, tough drug laws have not resulted in a major decrease in drug cartels or heavy drug use. This approach was developed in response to the United States and other nations' growing support for international agreements, which has led to fruitless outcomes. The data provide little proof that America's harsh cannabis regulations are more protective than those in Canada and the Netherlands, which have regulated access rules that are equally strict but less strictly enforced.

7. Suggestions and Recomendations-

There are multitudinous fresh styles of regulation, and depending on the material being controlled, these rules may be fairly lax or relatively rigorous. In comparison to the current prohibition, a regulated system for marijuana that's similar to the one outlined above for alcohol would bepreferable.However, such a nonsupervisory frame for marijuana would put indeed stronger restrictions on the product's commercialization, advertising, If possible. Following are my suggestions for regulation

1. originally, the product of marijuana for marketable use will only be permitted by license- holder directors. It's time to criminalize marketable product, with the exception of certain directors.
2. To regulate the selling of the yield from these certified directors, the state ought to establish accredited retail outlets.
3. The state government should also make issuing licensed client cards by retail outlets a demand.
4. The retail establishments should be permitted to vend up to five grams of marijuana to each grown-up over 21 who has a valid client identification card.
5. This card ought to be used as a kind of diurnal marijuana purchase account system, like a secretary system.
still, the Adhar card, a special identification card, If possible. This relation would be a more effective way to control the quantum of consumption.
6. To control operation, the State Government may also distribute marijuana in a limited force.
7. Strict rules should apply to the commercialization, advertising, and mass marketing of the goods. This is being done to stop marijuana use from being retailed.
8. The product's commercialization, advertising, and mass marketing should be subject to strict regulations. This is done to help the marketing of marijuana use.

8. Conclusion-

The history of marijuana in ancient India is complex and wide. From 2000- 1400 BC, it was lawfully vended and used by the crowd. still, the Narcotic medicines and Psychotropic Substances Act, of 1985( NDPS Act 1985) declared marijuana illegal, leading to increased premeditated crimes and medicine conflicts. Legalizing marijuana could save time and plutocrat for more significant anesthetics like heroin and cocaine. Studies show that mortal aggression and violence are the primary causes of crimes and conflicts. Legalizing marijuana could also give profit for certified distributors and merchandisers, as well as duty income for India. India, the largest key country, should lead by illustration and legalize marijuana, as it's less dangerous when consumed in temperance than tobacco or alcohol.

Referances: -

(1) National Institute on Drug Abuse, N.I.D.A. (2020) What is marijuana? Available at: https://nida.nih.gov/publications/research-reports/marijuana/what-marijuana (Accessed: 25th December 2023).

(2) Chopra, I.C. and Chopra, R.N. (1957) UNODC - Bulletin on narcotics - 1957 issue 1 - 002, United Nations: Office on Drugs and Crime. Available at: https://www.unodc.org/unodc/en/data-and-analysis/bulletin/bulletin_1957-01-01_1_page003.html (Accessed: 25th December 2023)

(3) Karki, P. and Rangaswamy, M. (2023) A review of historical context and current research on cannabis use in India, Indian Journal of Psychological Medicine. Available at: https://www.ncbi.nlm.nih.gov/pmc/articles/PMC10011848/ (Accessed: 25th December 2023)

(4) Courtwright, D.T. (2002) Forces of habit: Drugs and the making of the modern world. Cambridge, Massusetts, etc., Harvard: Harvard University Press, p.39.

(5) Indian Hemp Drugs Commission, I.H.D.C. (2006) Indian Hemp Drugs Commission Report, Indian Hemp Drugs Commission report - social and religious customs. Available at: https://www.druglibrary.net/schaffer/Library/studies/inhemp/4chapt9.htm (Accessed: 25th December 2023)

(6) Stablein WG. The Mah?k?latantra: A Theory of Ritual Blessings and Tantric Medicine. Doctoral Dissertation, Columbia University. 1976

(7) Abdul-Rahman, Muhammad Saed (2003). Islam: Questions and Answers - Pedagogy Education and Upbringing. MSA Publication Limited

(8) Narcotics Control Bureau, G. of I. (1985) Narcotics Control Bureau. Available at: https://www.narcoticsindia.nic.in/ (Accessed: 25th December 2023)

(9) United Nations Office on Drugs and Crime, U. (2012) United Nations Office on Drugs and Crime. Available at: https://www.unodc.org/documents/southasia/publications/research-studies/MMT_REPORT_final.pdf , page 6. (Accessed: 25th December 2023)

(10) Whitcomb, D. (2010) Marijuana legalization will be on California ballot, Reuters. Available at: https://www.reuters.com/article/us-marijuana-california-idUSTRE62O08U20100325 (Accessed: 25th December 2023)

(11) Office of National Drug Control Policy, O. (2023) Office of National Drug Control Policy, The White House. Available at: https://www.whitehouse.gov/ondcp/ (Accessed: 25th December 2023)

(12) Canada, H. (2020) Government of Canada, Canada.ca. Available at: https://www.canada.ca/en/health-canada/topics/cannabis-for-medical-purposes.html(Accessed: 26th December 2023)

(13) National Drug Research Institute, N. (2003) Australias cannabis laws, The Age. Available at: https://www.theage.com.au/national/australias-cannabis-laws-20030523-gdvr38.html(Accessed: 26th December 2023)

(14) Connecticut Law Revision Commission Drug Policy Report, C. (1997) Connecticut Law Revision Commission Drug Policy Report, Connecticut Law Revision Commission Drug Policy Report - Exec. summary, preface, acknowledgments. Available at: https://www.cga.ct.gov/lrc/DrugPolicy/DrugPolicyRpt1.htm (Accessed: 26th December 2023)

(15) K, M. (2023) U.S. Institute of Medicine Study Benefits of medical marijuana outweigh risks, long-awaited Science Review concludes, Drug Policy Alliance. Available at: https://drugpolicy.org/news/us-institute-medicine-study-benefits-medical-marijuana-outweigh-risks-long-awaited-scie/ (Accessed: 26th December 2023)