Are you a lawyer?
Do you know which is the most ridiculous law of Indian law?
Sometime read NDPS ACT 1985 and laugh openly at your law makers 🙏
Sachin Awasthi *(A cannabis producer)*
We will discuss the loopholes present in the NDPS Act.
Section 2 of the NDPS Act defines narcotic substances,
If we are talking about cannabis only, then we will take only its definition and the law related to it:
Section 2 - Definition of Cannabis means :
(a) Charas, that is, raw or refined, any isolated resin obtained from the Cannabis plant and includes concentrated preparations and resins known as hashish oil or liquid hashish.
(b) hemp, that is to say, the flowering and fruiting ends of the Cannabis plant (not including seeds and leaves when they are not with the ends) by whatever name called and designated; And
(c) any mixture of any of the above types of cannabis, whether with or without any neutralizing substance, any drink prepared from it; Any plant of the Cannabis family is inspired by the Cannabis plant. (also hemp)
If this definition is accepted by the government, then how can the government give license to the shops of cannabis, a drug made from cannabis?
Discussion in section 8(b)
The rules and regulations on the cultivation of cannabis or any other narcotic drug or psychotropic drug production, possession, purchase, sale, transport, storage, consumption, use, inter-state import, export etc. are also very confusing.
But the point to be noted is that the right of regulation, use, consumption, such as ganja have been placed under the control of the central government, and in section 9, where the powers of the central government are described, there is no discussion on cannabis etc. !
Whereas in section 10, which describes the rights of the State Governments, it is written there, the state regulates the cultivation, production, manufacture, possession, inter-state export, purchase, use or consumption of cannabis (not containing charas) can do (The flower of the plant is called ganja, which will grow in the plant and it is under the authority of the center) State governments are also scared of this provision!
What can't you do with these laws? What can you do?
It is very confusing from whom to get permission to use or consume which part?
The main problem is that the police analyze the law and if they make a case then there is no bail for months and years. (The state of confusion in the law discourages from officials to farmers)
How could it be possible to use cannabis leaves for medicine, while drug makers refine and extract the extract? (See definition in section 2)
In section 10, it is written that the rights of the states and the process of granting permission under section 14 should be read together. But the governments focus only on sections 8 and 14, omitting the rights given in section 10.
On all these things, the government and the court are requested to take cognizance, and make a law defining a more clear way, make the interpretation of this law more clear for the benefit of farmers and traders because the same plant "Cannabis" has more than 25000 uses. That is, this plant gives bread, cloth and house, and for these 25000 uses, it will also have to be grown in huge quantity and the farmer does not want to fall into such a complicated legal battle, due to which not only the farmer is losing Rather, along with the intellectual, cultural wealth of the nation, Ayurveda is also declining.
Easy discussion of NDPS Act can contribute to the upliftment of the nation. Central and state governments should pay attention to this.
Now until new laws are made on this plant, the state governments should pay attention that when the use of the whole plant is allowed under section 10, why is it allowing its use under section 10 ?
He shall allow under section 10 and regulate the whole plant,
At present Uttarakhand only allows the use of fibers and seeds, while companies rely on wild and second grade leaves for Ayurvedic use, we cannot give leaves to drug makers for medicines, drug makers rely on cannabis leaves collected from the forest are dependent, which affects the quality of Ayurveda!
Nothing is written about THC in the NDPS Act, then how far is it justified to add THC to the policy when only such seeds are not available in the country, whose THC percentage is less than 0.3 and it is an undeniable fact that foreign seeds are our biodiversity. do bad.
In the Act, it is written about resin (charas) which is a process and not a plant or fruit or flower (making alcohol at home is prohibited but growing mahua, orange and sugarcane is not).
Don't let the state become charas just as it doesn't allow raw liquor to be made.
There should also be clarity on why the central government has kept the right to regulate ganja, which is an agricultural product and charas, which is a process, has been banned by the states.
Today CBD is a market of thousands of crores, THC is also in the form of medicine, recreation is also a market of thousands of crores, there is nothing in NDPS Act on these molecules, then why is it banned?
Vijaya Extract is used in many Ayurvedic medicines, but Ayurveda medicines in which cannabis flower is used have not been made for the last 35 years - while America, Europe, China, Israel and Canada earn billions of dollars by making medicines from this.
By : Awasthi Sachin
टिप्पणियाँ