Explained: The anatomy of the cannabis plant — what is illegal under NDPS Act, what is not

The Indian Express, 

October 08, 2020

At the centre of the storm around the Narcotics Control Bureau’s investigation into the alleged drug trafficking in connection with actor Rhea Chakraborty — given bail by Bombay High Court on October 7 — following the death of actor Sushant Singh Rajput and what has now become an ‘inquiry’ aimed at “uprooting the drug citadel in Bollywood”, is a plant that goes by many names: cannabis, hemp, marijuana or pot.

As potent as various parts of its anatomy may be, not all of them amount to criminality under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985.

What is the cannabis plant?

According to the World Health Organisation (WHO), cannabis is a generic term used to denote the several psychoactive preparations of the plant Cannabis sativa. The major psychoactive constituent in cannabis is Delta-9 tetrahydrocannabinol (THC). The Mexican name ‘marijuana‘ is frequently used in referring to cannabis leaves or other crude plant material in many countries.

Most species of cannabis are dioecious plants that can be identified as either male or female. The unpollinated female plants are called hashish. Cannabis oil (hashish oil) is a concentrate of cannabinoids — compounds which are structurally similar to THC — obtained by solvent extraction of the crude plant material or of the resin.

The WHO says that cannabis is by far the most widely cultivated, trafficked and abused illicit drug in the world.

How does the NDPS Act define cannabis?

According to the NDPS Act “cannabis plant” means any plant of the genus cannabis. The legislation that was enacted in 1985 succeeded the Dangerous Drugs Act, 1930. It was introduced as lawmakers felt that the older legislation that entailed a maximum punishment of up to four years was not strict enough to check drug trafficking.

Under section 2 (iii), the Act defines cannabis (hemp). The sub-sections refer to parts of the plant that come under the purview of the Act.

‘Charas’ is the separated resin extracted from the cannabis plant. The NDPS Act covers separated raisin, in whatever form, whether crude or purified, obtained from the cannabis plant and also includes concentrated preparation and resin known as hashish oil or liquid hashish.

According to a 2018 WHO report by the Secretariat of the Expert Committee on Drug Dependence (ECDD), “The resin can resemble a resinous secretion of the plant, which is produced in the glandular trichomes, but also occurs as finer plant material, which appears as loose or pressed sticky powder, depending on the method of production.” Charas is also commonly called ‘hash’.

Section 2(iii)(b) of the NDPS Act defines ‘ganja’ as the flowering or fruiting tops of the cannabis plant but it clearly excludes the seeds and leaves, when not accompanied by the tops, by whatever name they may be known or designated. Street names for the drug include ‘weed’ and ‘marijuana’.

The Act also illegalises any mixture with or without any neutral material, of any of the two forms of cannabis – charas and ganja — or any drink prepared from it.

https://indianexpress.com/article/explained/what-is-cannabis-marijuana-rhea-chakraborty-bollywood-drugs-case-6715497/

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