Source: IndianExpress

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Context

• Currently, marijuana is classified as a Schedule I drug in the United States, alongside substances like heroin and cocaine.
• However, there's a proposal to reclassify marijuana to Schedule III.

Details

Meaning of Reclassification

• Moving marijuana to Schedule III would result in it being subject to less stringent regulations compared to Schedule I drugs. This shift acknowledges the potential medical benefits of marijuana.
• It aligns with President Joe Biden's stance on legalizing medical marijuana where appropriate.
• Reclassification to Schedule III does not equate to nationwide legalization of recreational marijuana. It remains a controlled substance subject to federal laws and regulations.

Impact on Criminal Justice

• Reclassification won't automatically lead to the release of individuals incarcerated for marijuana-related offenses. Federal laws still prohibit unauthorized trafficking of Schedule III drugs.
• Marijuana businesses currently face high tax rates due to federal restrictions. Reclassification could result in reduced taxes for cannabis companies, making them more competitive.

Effects on Research

• Schedule III classification would ease restrictions on conducting clinical studies involving marijuana. This could lead to more authorized research on its medical properties.
• Despite reclassification, uncertainties remain regarding FDA oversight and access to marijuana from state-licensed dispensaries for research purposes.

Criticism

• Some critics argue that the proposed reclassification undermines scientific evidence and gives undue legitimacy to the marijuana industry. They advocate for more comprehensive measures beyond incremental changes.
• Legalization advocates caution that Schedule III designation may perpetuate ambiguity and hinder efforts to address racial disparities in drug-related arrests.

About Marijuana

• Marijuana, also known as cannabis/weed, is a psychoactive drug derived from the Cannabis plant.
• It contains various psychoactive compounds, with the most notable one being delta-9-tetrahydrocannabinol (THC), which is responsible for the drug's psychoactive effects.

History:

• The use of cannabis dates back thousands of years, with evidence of its use for medicinal and recreational purposes found in ancient civilizations such as China, India, and Egypt.
• In the 20th century, marijuana gained popularity for recreational use in Western countries, particularly during the counterculture movements of the 1960s and 1970s.

Chemical Composition:

• THC: Delta-9-tetrahydrocannabinol (THC) is the primary psychoactive compound in marijuana. It interacts with cannabinoid receptors in the brain, leading to altered perception, mood changes, and euphoria.
• CBD: Cannabidiol (CBD) is another prominent compound in marijuana, but unlike THC, it is not psychoactive. CBD has gained attention for its potential therapeutic effects, including pain relief, anxiety reduction, and anti-inflammatory properties.

Methods of Consumption:

• The most common method of consuming marijuana is by smoking dried flowers or buds of the Cannabis plant in a rolled cigarette or pipe.
• Vaporizers heat marijuana to a temperature that releases its active compounds as vapor without burning the plant material, reducing the inhalation of harmful toxins.
• Marijuana can be infused into various food products, such as cookies, brownies, candies, and beverages, allowing for discreet consumption.
• Cannabis-infused creams, lotions, and balms can be applied directly to the skin for localized relief from pain, inflammation, and skin conditions.

Medical Uses:

• Marijuana is commonly used to alleviate chronic pain associated with conditions such as arthritis, multiple sclerosis, and neuropathy.
• It is often prescribed to cancer patients undergoing chemotherapy to relieve nausea and vomiting.
• Some studies suggest that CBD-rich marijuana extracts may help reduce seizures in individuals with epilepsy.
• Certain strains of marijuana may have mood-stabilizing effects and can be used to alleviate symptoms of anxiety and depression.

Risks:

• Psychological Effects: Heavy and prolonged marijuana use may lead to cognitive impairment, memory loss, and an increased risk of developing psychiatric disorders such as schizophrenia.
• Respiratory Issues: Smoking marijuana can irritate the lungs and respiratory system, potentially leading to chronic bronchitis and respiratory infections.
• Addiction: While marijuana is considered less addictive than substances like alcohol and tobacco, some individuals may develop a dependence on it, especially with frequent and long-term use.

Legal Status of Weed in India

• The legal status of weed in India is governed by a complex interplay of central and state laws, cultural traditions, and societal considerations.

Legal Framework:

• Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act): This central law deals with the regulation of cannabis (weed or marijuana) in India. However, individual states have the authority to enact their own laws regarding the consumption, possession, sale, or purchase of cannabis.
• Variability: Different states in India have varying laws regarding weed. For example, Odisha is known for more relaxed laws regarding weed, while other states may have stricter regulations.
• Uttarakhand: Uttarakhand is the first state in India to allow commercial cultivation of hemp, a variety of cannabis. This decision reflects a trend toward considering controlled production of hemp and marijuana in other hilly states due to its potential economic benefits.
• Cannabis Definition: Cannabis is defined as the flowering or fruiting top of the cannabis plant from which the resin has not been extracted. This definition excludes seeds and leaves when they do not form part of the top.
• Bhang Exclusion: According to the NDPS Act, bhang, which includes cannabis seeds and leaves, is not considered part of the cannabis plant. Therefore, it is openly consumed in India on numerous religious occasions without violating the NDPS Act.

Components Covered by NDPS Act:

• Charas: Charas, whether crude or purified, refers to the separated resin obtained from the cannabis plant. This definition includes concentrated preparations or resin known as liquid or hashish oil.
• Ganja: Ganja refers to the flowering or fruiting top of the cannabis plant, excluding seeds and leaves that do not form part of the top. Any mixture or drink made from charas or ganja is also covered by the NDPS Act.

Prohibitions and Regulations:

• Sale and Production: The NDPS Act prohibits the sale and production of cannabis resin and flowers (charas and ganja). However, the use of leaves and seeds of the cannabis plant is permitted, with states having the authority to regulate and establish rules for their use.
• State Laws: Some states have their own laws regarding cannabis. For example, the Assam Ganja and Bhang Prohibition Act, 1958, bans the sale, possession, purchase, and consumption of ganja and bhang in Assam. Similarly, the Bombay Prohibition (BP) Act, 1949, prohibits the manufacture, possession, and consumption of bhang and bhang-containing substances without a license in Maharashtra.

Punishment:

• Small Quantity: If caught with a small quantity of weed or marijuana, the prescribed punishment includes:
  • Rigorous imprisonment for up to 6 months.
  • Fine of Rs. 10,000, or both.
• More than Small Quantity but less than Commercial Quantity: For possession of quantities exceeding small amounts but less than commercial quantities:
  • Rigorous imprisonment for up to 10 years.
  • Fine of Rs. 1 lakh, or both.
• Commercial Quantity: Possession of commercial quantities of weed or marijuana may result in:
  • Rigorous imprisonment for up to 10-20 years.
  • Fine of Rs. 1-2 lakh, or both.
• Premises Liability: Allowing premises to be used for drug-related offenses can also lead to legal consequences under the NDPS Act, with similar punishment as mentioned for the offense itself.

Why is it illegal in India?

• Historical Influence: The prohibition of marijuana in India can be traced back to the introduction of stringent narcotic laws in 1986. This move was influenced by international pressures, particularly from the medicinal lobby of the United States.
• Perceived Harm: Marijuana was classified as a narcotic drug under the Narcotic Drugs and Psychotropic Substances Act, 1985, due to perceived harmful effects and concerns about addiction and abuse.
• Law Enforcement: Prohibition was also driven by law enforcement efforts to control drug trafficking and associated criminal activities.

Arguments for Legalization:

• Cultural Significance: Marijuana has deep-rooted cultural and religious significance in India, used in various festivals and rituals for centuries. Its legalization would acknowledge and respect these cultural traditions.
• Economic Potential: Legalizing marijuana could contribute to state income through taxation and regulation. It could also stimulate economic growth, particularly in regions like Himachal Pradesh, where marijuana cultivation is prevalent.
• Harm Reduction: Legalization could help reduce illegal drug trade and associated criminal activities by providing a legal and regulated market for marijuana.
• Public Health: Regulated legalization would ensure quality control and safer consumption practices, potentially reducing the risks associated with contaminated or adulterated marijuana.
• Social Justice: Criminalization disproportionately affects marginalized communities and individuals. Legalization could promote social justice by reducing the burden of drug-related criminalization and incarceration.

Sources:

IndianExpress

PRACTICE QUESTION Q.  The reclassification of marijuana to Schedule III represents a significant step towards acknowledging its medical potential while retaining regulatory oversight. Critically analyse. (250 words)