Thoughts from the void: Draft Cannabis Policy for India 2019

Executive Summary

The cannabis plant, India's much revered plant, said to be the embodiment of the Indian god Siva was widely used in Indian society from ancient times for recreational, spiritual and medical purposes. Its usage is still widespread through the length and breadth of this country. The status of the plant has however seen a gradual change from being restricted in increasing degrees, taxed, controlled to finally being prohibited outright with the inclusion of the plant in the Narcotic and Psychotropic Drugs Act in 1985. This has, however, not stopped the usage of the plant in society. It remains more or less as widespread as before. But this usage has come at a terrible cost, socially, economically, medically, legally and environmentally. This document looks to formulate a vision for the plant, provide a brief background, describe some of the costs of the current situation, list the requirements of various stakeholders, conceptualize a potential solution to the problem along with its phase wise implementation. It also looks to identify some of the opposition and risks involved in the process.

Target Audience

The target audience for this document includes various sections of society such as policy makers, law makers, law enforcement agencies, economists, sociologists, scientists, the medical community, environmentalists, businesses, media and agriculturalists. Foremost among the target audience is every single member of Indian society who has, willingly or through the fact of being a part of Indian society, some involvement in the past and present of this illustrious plant and who will hopefully play a significant role in the future of the plant, helping to restore it to its rightful place in nature and society.

Vision

The revival and propagation of the Cannabis plant in India so that:

it is available in Indian society to all adults irrespective of caste, creed, sex, economic status, social status and especially available to the minorities, indigenous peoples and people classified as the socially backward;
it is once again a part of the economy, existing as a cash crop for farmers, especially the poorest and most backward ones, and available for all who wish to involve in economic activity utilizing the plant;
it once again becomes a part of the sustainable web of life, forming a part of the natural environment and thus being available to all animals, birds, insects who so wish to access it;
it forms once again the key part of Indian natural medicine as a safe, universal, affordable remedy addressing a wide range of diseases especially for the poorest and the most needy;
all associated with the plant can do so without fear of legal action and coercion especially the poorest, minorities and indigenous peoples and so that the plant can be protected from legal action in the form of extirpation and destruction;
all the varieties of the plant present in India can be revived, protected and propagated to prevent their extinction;
policies can be framed and implemented for the protection of the plant and the constitutional rights of its users.

Problem Definition

Background

Many of the persons who visited India over the centuries as travelers or invaders have recorded the usage of the Cannabis plant across the length and breadth of the country. The plant seems to have been a part of Indian society from time immemorial and its usage was found to encompass all classes of society. The plant's usage had vast medical and religious significance besides being a stimulant and recreational drug. It was found that the plant was used by persons who engaged in hard physical labour as well as the elite classes of society. The plant's usage was so much an integral part of society that nobody even bothered to give it a closer look. Farmers cultivated the plant freely, people grew the plant at homes and private gardens and the plant grew abundantly in public spaces and wild stretches of land. Investigations done seemed to say that wild tracts of the plant grew mostly in the Himalayan regions while in pretty much the rest of the country the plant had been cultivated by humans from as long back as we can see. The cannabis plant along with toddy and the opium plant formed the natural recreational staple of Indian drugs. The British, when they occupied India, decided to look more closely at the cannabis plant primarily with the intent of taxing it and controlling its cultivation so that it formed an additional revenue stream for the government. At the time of setting up a commission to study the extent of cannabis usage, the feasibility of controlling its usage and generating revenue from it in 1893, India was an amalgamation of various territories, provinces and states. Some were under British rule such as the Bengal, Bombay, Madras and Mysore presidencies. Others were either tributary or independent states and were called as such. There were groups of states called the Native States, Feudatory States, Tributary States, Hill States, Central Provinces and Northwestern Provinces. Each of these entities had their own individual approaches to the cannabis plant. The British territories had already by the 1890s started tightening control over cannabis through cultivation under license, government warehouses, retail tax, etc. Other entities had either similar regulations in place or the natural social evolutionary stable state of no controls on the plant. The assorted set of rules in different regions with regard to cannabis was believed by the British to cause a drain to the revenue especially with the smuggling of cannabis between British and non-British territories. Another key concern for the lawmakers was that cannabis was untaxed and widely used often in preference to western made liquor that was taxed and hence considerably more expensive. The Indian Hemp Drugs Commission was set up in 1894 with the primary aim of studying the extent of cannabis usage and to try and formulate uniform rules for cultivation and usage so that the government could maximize taxation and revenue from the plant and its derivative products primarily ganja, charas and bhang. The report of the Commission is the earliest known study done on the usage of the cannabis plant in societies anywhere in the world and still ranks as one of the most detailed studies ever done. It went on to form the basis for policies regarding cannabis in other British colonies and eventually played a key part in the eventual formulation of today's global cannabis laws. The Commission reported through its investigation many things including the following:

There existed a huge amount of ignorance within the ruling and administrative classes who conducted the study regarding the nature of the cannabis plant and the extent of its usage.
It was found that primarily users were from the working classes, including often the poorest sections of society and religious mendicants. Considering that a significant majority of Indian society then and even now consist of the working classes, the possibility that the extent of usage may have been very large cannot be ruled out but the commission pegged it as around 1% of the population.
The plant was widely revered and had religious significance among various religious groups including the Hindus, Sikhs, indigenous tribes and Muslims. Its religious associations with society went far back in time.
Indian medical practitioners used the cannabis plant for treating a wide range of diseases and the plant formed a key part of traditional Indian medicine finding mention in a variety of ancient medical texts.
Most people who used the plant grew it at home or with other crops, shared it or bartered it and its commercial transaction was relatively minimal being limited to retail outlets that seem to have existed from ancient times.
The plant was consumed as ganja in the southern and central parts of India, as bhang in Punjab, northwestern parts and Bengal and as charas primarily in the Northwestern provinces. Charas was primarily imported from areas beyond the Northwest. Various food delicacies, sweetmeats and drinks were prepared using the plant.
There existed a general ignorance and disinterest among non-users of cannabis who seemed to form the larger part of the population of the country. However it is said that during festivals almost the entire country consumed the plant as a part of religious traditions especially in the form of bhang served as a drink.
A majority of the witnesses especially the more experienced administrators, physicians and persons of social standing that the Commission interviewed were of the opinion that prohibition and restrictions on the plant was not advisable given the extent of tradition, usage and religious significance associated with the plant.
Many people highlighted that the cannabis plant was less harmful than opium and the increasingly popular western alcohol. There were concerns that these more harmful and addictive substances beside dangerous drugs like dhatura could move in to take the place of cannabis if the cannabis plant was made inaccessible and unaffordable.
There was opposition to cannabis among certain groups who sought to show the harms of the plant primarily as a cause for physical illnesses such as dysentry, mental illnesses and crime in society. The Commission studied each of these areas and came to the conclusion that the moderate use of the plant did not cause any of the above stated harms to society. Excessive use may possibly be associated with the above harms but the percentage of excessive users were found to be a very minuscule fraction of overall users i.e. 5%. It was also not possible to clearly establish that cannabis was the cause for this evils and not some pre-existing biological, social or environmental factors.
In spite of the findings of the Commission contradicting the supposed harms of cannabis, the Commission chose to err on the side of caution and made the statements that it is possible that excessive usage of the plant could cause physical and mental illnesses. This could also have been the result of political pressure from persons in the British parliament who instituted the Commission.
This note of caution with regard to a plant that had existed peacefully in Indian society served to lay the foundation for the subsequent global war on the plant and its users and the unimaginable damage that it unleashed which continues unabated even today. Erroneous reports regarding the harms of cannabis usage in India were used as evidence to push forward the restriction and prohibition of the cannabis plant in Trinidad, Greece, Egypt and slowly Canada and the United States by the 1920s. The US finally prohibited cannabis in the 1930s and used its clout in the United Nations to bring about its prohibition worldwide. This was surely backed in no small measure by the emerging industries that stood to gain from the prohibition of the plant primarily the alcohol, paper, pharmaceutical, medical, tobacco and petrochemical industries. India's legal cannabis usage survived on life support till 1985 when the country formally included the plant in the Narcotic Drugs and Psychotropic Substances Act of 1985 by when the fate of the plant and its users was completely sealed.

The output of the Hemp Drugs Commission Report of 1894 were a set of suggestions and conclusions. It stated that 'Total prohibition of the cultivation of the hemp plant for narcotics, and the manufacture, sale or use of the drugs from it is neither necessary nor expedient in consideration of their ascertained effects, of the prevalence of the habit of using them, of the social and religious feeling on the subject, and of the possibility of its driving the consumers to have recourse to other stimulants or narcotics which may be more deleterious (Chapter XIV, paragraph 553 to 585)' Yet in spite of the knowledge and evidence that cannabis was an integral part of Indian society which should not be meddled with, the Commission chose to interfere in personal freedoms through coercive policies with the intent of gaining greater revenue for its sponsors in British government. It made the following recommendations that '(a) adequate taxation (Chapter XIV, paragraph 587) (b) prohibiting cultivation, except under license, and centralizing cultivation (Chapter XIV paragraph 636 and 677) (c) limiting the number of shops (Chapter XIV paragraph 637) (d) limiting the extent of legal possession (Chapter XIV, paragraph 689 and 690)' should be applied knowing fully well that the persons who would be most impacted by this would be the poorest sections of society, the working classes, the religious mendicants and the persons suffering from various illnesses who were dependent till that time on cannabis for recreation and as medicine. The Commission was fully aware that western liquor which had already caused extensive damage to western societies and the highly addictive opium were most likely to gain advantage through the restrictions and curbs placed on the cannabis plant. But the output of the report was used in the formulation of policies which led to the gradual systematic suppression of the plant and coercion of its users. Successive governments in India, whether foreign or Indian, chose to continue to tighten the noose around the neck of the cannabis plant and its users till we reached the situation where we are at today.

No other rulers or governments had in the past imposed this level of curbs on the popular native intoxicants available to people. Chapter VII of Manusmriti which enumerated the different sources of revenue that the sovereigns of the country taxed did not mention any intoxicants. Aurangzeb's grandson is said to have proposed tax on palm juice, presumably toddy, in Bengal to which Aurangzeb is said to have replied “Though the taxation of the palm may lead to the collection of revenue, yet it is impossible for me to sanction it. I cannot understand what dishonest mufti declared it legal to do so. You must know that such ill advisors are enemies of this and the next world. You should thank Almighty who has put you in possession of three provinces which are full in wealth, and which fill our coffers with so much revenue, and in which everything is so abundant and cheap. You should know as well that the good-will of the subjects is the only wealth for this world and the next.” (Letter No. 90 mentioned in the Note of Dissent at the end of Vol 1, Indian Hemp Drugs Commission Report)

Current Situation

The current situation can be said to have gone far beyond the worst case scenarios that may have been visualized 150 years ago by both the proponents and opponents of cannabis taxation and prohibition.

Social situation.

The poorest, the minorities and the indigenous communities who formed vast numbers of the farming and working classes and who were the primary consumers of the cannabis plant in the past have now resorted to spurious alcohol, tobacco and even more dangerous substances like cheap toxic materials to replace cannabis as a stimulant, intoxicant, relaxant and pain relieving option. Many among the poorer classes, minorities and indigenous communities who have tried to access cannabis have been jailed, beaten up or killed for their troubles. Other sections of society have not fared too much better with potent drugs like heroin, methamphetamine, alcohol, etc becoming the alternatives in the absence of cannabis. These latter classes however have the immunity against legal action provided by their economic status but in terms of health, they have suffered no less than any other section of society. According to the WHO, every year in India 2.6 lakh people die due to alcohol and 1 crore people die due to tobacco. Yet society by and large views the cannabis plant as a terrible evil and most people will rate it as the most dangerous drug today, so effective has the vilification of the plant been.

Economic situation

Poor farmers who once may have seen the cannabis plant as a protection against crop losses now find their cannabis crop mindlessly destroyed by law enforcement and find themselves in jail if they dare to cultivate the crop. The black market in the meantime thrives making huge profits through the illegal cultivation and sale of the plant with the money ending up in the pockets of organized crime who use it to fund bigger and more dangerous ventures like extortion, human trafficking, arms trade and smuggling of heroin and crystal meth. The revenue that should have gone into the pockets of farmers, traders and public coffers now goes to illegal businesses. According to the National Crime Research Bureau (NCRB), total quantity of cannabis seized in 2017 was 1233707.8 kg ganja, 9871.9 kg bhang, 209.2 kg hashish and 2190.3 kg charas. The report seems to erroneously report the same substance under two heads charas and hashish showing the level of ignorance even among law enforcement. No legal cannabis business exists in the country even though the plant is said to have more than 25000 industrial applications. On the other hand, the cost of maintaining the status quo of keeping the plant illegal uses up vast amounts of law enforcement, prison and judiciary resources not to mention the loss of human capital in terms of persons facing legal action. Farmers face tremendous stress due to failed crops, unmanageable loans and increased cost of cultivation. The country goes through a prolonged economic slow down, increasing fiscal deficits and not enough revenue to fund key areas like healthcare, agriculture and education. Industrial output is slowing down and many economically and environmentally unsustainable industries still continue to exist threatening the future of the country and planet.

Environmental situation

The cannabis plant is said to be one of the most environmentally sustainable plants with the ability to grow in diverse conditions.The plant can be used by humans for a number of applications including biodegradable plastic, paper, construction material, textiles, canvas, automobile bodies to name just a few. The plant provides valuable nutrition to not just humans but also other animals, birds and insects. In a water stressed world the cannabis plant is one of the most adaptable plants having evolved over 28 million years through various conditions. Its systematic elimination has resulted in the advent of petrochemical based non-biodegradable plastics, synthetic petrochemical based materials for construction, textiles, automobile bodies and the cutting down of vast areas of ancient timber forests to provide wood pulp for paper to name just a few effects on the environment of prohibiting the plant. The petrochemical industry and the timber-based paper industry are said to have been influential in the world wide prohibition of cannabis.

Medical situation

Today in addition to the diseases that existed 150 years ago such as malaria, cholera and tuberculosis there has been a vast surge in lifestyle related diseases such as diabetes, blood pressure, heart disease, obesity, cancer, etc. There has also been a surge in diseases due to the deteriorating environment such as COPD, liver diseases, renal diseases, etc. 96 lakh people were projected to die due to cancer in 2018 according to Down to Earth magazine. The number of persons with heart disease was 5.45 crore and with diabetes was 6.5 crore according to the magazine. While the number of diseases and the persons suffering from them have greatly increased, so too have the medications required for treating these diseases, the cost of medicines and health care. Where once medicines were plant based, affordable, generic, safe and accessible, today to treat a single ailment requires a cocktail of pharmaceutical medicines that are expensive, synthetic, inaccessible and have dangerous side effects. Most persons in India struggle to find medicine for their ailments and the government expenditure on health care is far below what is required. 'The Union health ministry reveals that medicines are the biggest financial burden on Indian households. Of more than three lakh crore rupees that households spent on health in 201415, around 43 per cent of the total out-of-pocket spending (OOP) went in buying medicines.' says Down to Earth Magazine. That would make the money spent on medicines in that year at Rs 1.29 lakh crores. Many European and North American countries have legalized the medical use of cannabis for their populations. India however remains completely oblivious to this fact.

Legal situation

The country today employs vast amounts of law enforcement resources including police, excise, judiciary and prisons to curb the cannabis market and usage and to enforce prohibition. According to the NCRB, under the Excise Act there appears to be 206069 cases registered in 2015, 237026 cases registered in 2016 and 276168 cases registered in 2017 though it is not clear how many of these were related specifically to cannabis. Under the NDPS Act, 50796 in 2015, 49256 in 2016 and 63800 in 2017. Again its is not clear how many of these were related specifically to cannabis. A total of 9,637 convicts were lodged in various jails of the country for committing offenses under Liquor & Narcotics Drugs-related acts under Special and Local Laws (SLL) as on 31st December, 2017. Of these 164 were under the Prohibition Act, 739 under the Excise Act and 8734 under NDPS Act. A total of 37,135 undertrials were lodged in various jails of the country for committing offenses relating to Liquor & Narcotics Drugs-related acts under Special and Local Laws(SLL) as on 31st December, 2017. It can be argued that these numbers do not differentiate between cannabis related figures and those of alcohol and other psychotropic substances. It can also be argued that the prohibition of cannabis has contributed to the increase in numbers for the other substances so that using these figures as an indicator of the effects of cannabis prohibition will not be completely wrong.

Botanical situation

The cannabis plant is known to evolve according to local environmental conditions such as soil, water, sunshine, climate, etc. Having existed in India for hundreds of thousands and possibly millions of years, it is very likely that at one point there may have been hundreds of varieties of the cannabis plant each with its distinct medicinal and commercial properties. The Hemp Drugs Commission report of 1894 speaks about varieties specific to local geographical regions each with its own distinct quality such as Balushar, Rajshahi, Garjhat, Pathar, Mahadev, etc. Over the last 150 years the prohibition of the plant and the indiscriminate destruction of it may mean that many precious varieties have gone extinct. Scientists are today just starting to understand the interactions of the cannabis plant with the human and animal physiology as well as its potential medical and commercial uses. In India however we remain clueless as to the varieties of cannabis that exist here as well as their medical and commercial properties. Research on the plant is virtually non-existent as is any sort of legal mechanism to protect the different varieties of the plant. The indiscriminate destruction of the plant continues however.

Political situation

There exists no policies for the protection of the cannabis plant and its users. On the other hand the inclusion of cannabis in the Narcotics and Psychotropic Substances Act of 1985 means that the once revered plant now faces an unprecedented war as do its consumers. Where the Indian Hemp Drugs Commission Report of 1894 very clearly stated that prohibition must not be implemented, rather a system of taxation and controls should be put in place with minimal government intervention thereafter, given the tradition, religious significance, medical applications and wide spread usage of the plant, what has happened today is that every attempt has been made to suppress and eliminate the plant and coerce and harass its users. Hardly any policy maker shows even the slightest interest in correcting these wrongs and formulating policies that would at least bring the situation back to where it was 150 yeas ago let alone a 1000 years ago in spite of all the evidence available within the country itself. Globally many of the countries that introduced prohibition are starting to relook their approaches with Canada and Uruguay having legalized the recreational use along with about a dozen US states. More US states, Mexico and South Africa poised to legalize its recreational use. More than two dozen countries worldwide, especially in Europe, permit the medical use of cannabis, but India from which the first detailed study on cannabis usage emerged forming the basis for subsequent global policies, continues to slumber due to the apathy of its policy makers while the country suffers as a result of terrible policy.

Cost of Current Situation

In trying to arrive at the costs that the country is incurring due to the ongoing prohibition of cannabis I have tried to cover a few areas in a very simplistic fashion. The areas and the costs associated are by no means comprehensive but more in the nature of a 'thumb in the air' estimate. Some areas cannot even be costed such as the environmental costs of cannabis prohibition and the rise in its absence of fossil-fuel based industries as well as the costs associated with the loss of cannabis plant diversity due to the indiscriminate extirpation and possible extinction of many unknown varieties of the plant. So I will look to mainly associate simplistic economic, social, medical and legal costs that the nation is incurring due to cannabis prohibition. These as I stated above are by no means comprehensive. For that persons with suitable skills and data will need to look into the situation.

Social Costs

As social costs I will take the deaths due to alcohol and tobacco and try to associate costs with them. There are many, many other social costs but I am choosing the two main legal drugs which are currently available in Indian society and which serve for many as the only option for social and recreational drug use in the absence of cannabis. Not only has the government prohibited cannabis but it along with the alcohol and tobacco industry have in the last 150 years sought to actively convert cannabis users to alcohol and tobacco. To arrive at a social cost, a cost has to be associated with human life in India and a human being has to be viewed as capital i.e. human capital. According to Wikipedia 'The value of life is an economic value used to quantify the benefit of avoiding a fatality. ' It varies in different parts of the world ranging from $20,000 in Turkey to more than $9 million in the US. It also varies according to the method used for calculation. Considering that we are closer to Turkey than the US in terms of our value for human life in India, I will arbitrarily fix a cost of $20,000 for an Indian life for want of a better option currently. Translating that into Indian currency at exchange rates roughly equivalent to $1=Rs 70, that would mean the value of an Indian life is 70 x 20,000 = Rs 14,00,000 or Rs. 14 lakhs per life. Considering that 2.6 lakh people die annually due to alcohol and 1 crore people die annually due to tobacco a total of 1,02,60,000 people die every year from both. That puts a cost of approximately Rs 14.36 lakh crores due to alcohol and tobacco related deaths every year in India. Assuming that at a conservative estimate, approximately 30% of these deaths could have been prevented had cannabis been available as an alternate drug to alcohol and tobacco, we could attribute Rs 4.31 lakh crores to the social cost of cannabis prohibition.

Economic Costs

Again this is difficult to arrive at in terms of lost revenue to farmers, wholesalers, retailers and taxation on the raw plant. The lost revenue from industries that could have used the cannabis plant to make various products is unknown. The only figures I have to roughly arrive at the economic cost of prohibition are the amount of cannabis seized by the Excise Department in the years 2015, 2016 and 2017 based on National Crime Research Bureau (NCRB) data. The seized cannabis, the overall illegal cannabis available in the black market and the value associated with it constitute a cost of prohibition because the revenues from the black market cannabis are not available to the white market economy and the cannabis seized by the Excise Department is destroyed by the department thus incurring losses to the economy. I will use the available cannabis seizure figures from 2017. According to the NCRB, total quantity of cannabis seized in 2017 was 1233707.8 kg ganja, 9871.9 kg bhang, 209.2 kg hashish and 2190.3 kg charas. The report seems to erroneously report the same substance under two heads charas and hashish. I am making the assumption that the actual amount of cannabis available in the black market is 10 times the quantity seized and that the Excise Department has managed to seize 10% of the illegal cannabis. In terms of value of seized commodity, it is difficult to fix value as it varies from place to place within India. E.g. A kilogram of ganja may cost Rs 10,000 in certain rural areas but can cost easily as much Rs. 80,000 per kilogram in urban areas like Bengaluru. So I will fix an arbitrary average cost of Rs 25,000 for a kilogram of ganja. A tola or roughly 10 grams of charas or hashish may cost anywhere between Rs 500 in areas where it is produced to Rs 3000 in urban areas. So I will fix an arbitary average cost of Rs 1500 for one tola or 10 grams or Rs 1.5 lakh for a kilogram of hashish or charas. I will currently not consider the cost of bhang. Using the above figures, the annual economic costs that the country incurs due to ganja and charas/hashish existing in the black market would be as follows:

When the Hemp Commission published its report in 1894, wholesalers of cannabis in various parts of the country paid a fixed duty per ser of ganja. At an approximation this was about 10% of the cost of ganja per ser. Going by the same measure if we consider today that total cost of ganja in the black market per year at Rs 31,203 crores, the wholesaler would have had to pay to the government a total duty of approximately Rs 3120 crores. Also considering that retail licenses were auctioned in the past for opening shops, there would have been additional revenue that flowed into the government's coffers through retail license sales and annual renewal. Considering today that a retail cannabis license would cost around the same as a retail liquor license and if the government looked to have, at a very conservative estimate, 1 retail outlet per lakh of the Indian population, the revenues from retail licensing could have been as follows:

Cost per retail license = ~Rs 4 lakh per year Number of retail outlets that would have been required in the country at the density of 1 per lakh of the population and a national population of 125 crores = 12500 Therefore total revenue from license sales and renewal annually = Rs 4 lakh x 12500 = Rs 500 crores. The total economic cost of cannabis prohibition = lost revenue from sales + lost wholesale duty + lost retail license fees = 31203 + 3120 + 500 = Rs 34823 crores.

Medical Costs

In the United States and in countries where cannabis has been legalized for medical use, the number of medical conditions for which patients are eligible to use cannabis for treatment number more than 30. These include intractable epilepsy, seizure disorders, severe nausea, severe or chronic pain, cachexia (wasting syndrome), anorexia, hospice or palliative care, terminal illness, sickle cell anemia, post-traumatic stress disorder (PTSD), Crohn’s disease, Huntington’s disease, neuropathies, damage to the nervous tissue of the spinal cord, multiple sclerosis, Parkinson’s disease, amyotrophic lateral sclerosis/Lou Gehrig’s disease, HIV/AIDS, cancer, traumatic brain injury (TBI), chronic renal failure requiring dialysis, spasticity, muscle spasms, cramping, appetite loss, severe vomiting, hepatitis C, glaucoma, pain lasting longer than two weeks, autism, ulcerative colitis, Alzheimer’s disease, neural-tube defects, idiopathic pulmonary fibrosis, neurodegenerative diseases, dyskinetic and spastic movement disorders, inflammatory bowel disease (IBD), Tourette’s syndrome, fibromyalgia, arthritis, Lupus, diabetes, obstructive sleep apnea, spasmodic torticollis (cervical dystonia), inclusion body myositis, anxiety, migraines, muscular dystrophy, chronic pancreatitis, Ehler’s Danlos Syndrome, nail-patella syndrome, Lennox-Gestaut syndrome, Dravet syndrome, spinocerebellar ataxia, syringomyelia, Tarlov cysts, Sjogren’s syndrome, postconcussion syndrome, neurofibromatosis, myasthenia gravis, myoclonus, hydrocephalus, hydromyelia, interstitial cystitis, CRPS (Complex Regional Pain Syndrome Type II), dystonia, fibrous dysplasia, causalgia, chronic inflammatory demyelinating polyneuropathy, Arnold-Chiari malformation, epidermolysis bullosa, mitochondrial disease, decompensated cirrhosis, osteogenesis imperfecta, cerebral palsy, cystic fibrosis, post herpetic neuralgia, post laminectomy syndrome with chronic radiculopathy, severe psoriasis and psoriatic arthritis. It could be safely said that at least 25% of the Indian population is likely to affected by at least one of the above conditions especially diabetes, chronic pain, cancer, terminal illness, PTSD and obesity and so would have benefited from the availability of cannabis as medicine. If cannabis was permitted to be grown at an individual's home, the cost of medicine in this case would have been zero. As against this scenario, currently to treat a patient with any of the above conditions in a government or private hospital with pharmaceutical drugs that are often ineffective, expensive and unavailable raises the cost of treatment dramatically. So medical costs incurred by the country due to the prohibition of cannabis which is a generic, low cost, safe, accessible medicine and the use in its absence of pharmaceutical drugs needs to be quantified. We will not go into the costs due to side effects of these pharmaceutical drugs or the costs to life incurred through death of the huge numbers of persons who either do not receive these pharmaceutical drugs as medicine or who fail to recover in spite of treatment. The cost of medicines vary from lakhs of rupees for diseases like cancer to a few thousand rupees for minor ailments. To arrive at the medical costs that the prohibition of cannabis has resulted in, let us assume that on an average an Indian spends a very low Rs 5000 per year to avail of medicine to treat one of the above medical conditions. With an estimated population in India of 135 crores, 25% of this population would make 33.75 crores. So if the spend of this 33.75 crore people at the rate of Rs 5000 per year towards medicines for treating illnesses that could have been treated by home grown or freely distributed cannabis is considered as medical costs that the country is incurring through cannabis prohibition, the total annual costs in this case would be 33.75 crores x Rs 5000 = Rs 1.69 lakh crores.

Legal Costs

Taking 2017 as the reference year for calculating legal costs incurred by the country due to cannabis prohibition, when we examine the NCRB data we find that 276168 cases were registered under the Excise Act and 63800 cases under the NDPS Act in 2017. It is not clear from the data how many of these cases were related to cannabis and how many were related to other drugs such as illegal alcohol and other drugs. However considering that the prohibition of cannabis is a likely cause for increase in consumption as well as cases related to other drugs, I will treat all the above cases as cannabis cases for my analysis. To associate a cost to a case registered under the Excise or NDPS Act needs to consider the cost incurred by the Excise and Law Enforcement Departments in using their time and resources to investigate, take action and file the cases. We also need to consider the time and resources of the judiciary in terms of conducting trial proceedings with regard to each of the cases. I will roughly assign a total legal cost of Rs 50,000 per legal case to the Indian exchequer considering the time and resources utilized by the excise and law enforcement departments as well as the judiciary. Also in terms of inmates in prison, there was a total of 9637 convicts in prison across the country for committing offenses under Liquor and Drugs related acts under Special and Local Laws (SLL) in 2017 as per the NCRB data. There were 37135 undertrials in prisons across the country under the same laws. A recent report in the media pegged the cost to the exchequer at approximately Rs 1.2 lakh per annum per prisoner held in our prison system. Adding to this the law enforcement and judiciary costs for the trial process which each prisoner would have incurred, the total cost to the country per prisoner can be taken as approximately Rs 2 lakh.

Considering all the above, the total legal costs of cannabis prohibition per annum can be roughly estimated as follows: Total cases in 2017 including Excise and NDPS cases = 276168 + 63800 = 339968 Total legal costs at Rs 50,000 per case = 339968 x 50000 = 16998400000 or ~ Rs 1699.8 crores Total number of prisoners including convicts and undertrials in prison under the Liquor and Drugs related acts = 9637 + 37135 = 46772 At a cost of Rs 200000 per prisoner per year, the total cost = 46772 x 200000 = 9354400000 or ~ Rs 935.44 crores. The total cost of judicial cases + prisoners = Rs 1699.8 + Rs 935.44 = Rs 2635.24 crores.

Overall costs summary

Considering the total costs of cannabis prohibition as a sum of social, economic, medical and legal costs = Rs 4.31 lakh crores + Rs 34823 crores + Rs 1.69 lakh crores + Rs 2635.24 crores respectively. This adds up to a total of ~ Rs 6.39 lakh crores annually incurred due to cannabis prohibition.

This does not consider environmental costs and costs due to loss of cannabis varieties due to cannabis prohibition.

Stakeholders and their Requirements

Stakeholders

In proposing a solution to the current problem of cannabis prohibition let us first look at the various stakeholders involved.

Consumer – the key stakeholder in this situation is the cannabis consumer who has been deprived of the plant due to the excessive policies of cannabis prohibition. The consumer is any adult Indian citizen above the age of 21 years who wishes to consume cannabis in the form of ganja, charas or bhang as well as make or use any product derived from the plant including food, beverages, industrial products and services.
Farmer – the cannabis farmer who cultivates the plant either stand alone or in addition to other crops
Wholesale Vendor – who buys the cultivated cannabis produce from the farmer and packages, stores, processes, transports and sells the produce to retailers
Retailer – buys the produce from the whole sale vendor and sells it to the consumer
State Cannabis Commissions – define the rules and regulations for cultivation of cannabis as a crop at the state level as well as its export and import between states including pricing, taxation and duties
Central Cannabis Commission – define rules and regulations for cultivation of cannabis as a crop at the national level as well as its export and import between countries including pricing, taxation and duties
Regulators – ensure that the rules and regulations defined by the various commissions at the state and central level are carried out properly
Businesses – use the cannabis plant and its derivatives to make various products and services
Indigenous Communities – possessors of traditional varieties of cannabis and knowledge of its cultivation. Also the most harassed due to the prohibition of cannabis
Legal Stakeholders – law enforcement, excise, judiciary, prison systems, lawmakers
Scientific Associations – research, explore and implement the usage of cannabis for natural medicine, industrial applications and for further understanding the plant

Requirements of the Consumer

Ability to grow cannabis at home for personal consumption
Ability to share cannabis with whosoever desired provided that person is an adult above 21 years
Accessibility to cannabis
Cannabis of good quality
Cannabis at an affordable price
Protection from legal harassment for possession and consumption
Ability to possess sufficient quantities of cannabis for personal use
Ability to consume cannabis in private
Designated social spaces for consumption of cannabis
Ability to use cannabis in whatsoever fashion she chooses including making of products and services for personal non-commercial consumption

Requirements of the Farmer

Ability to grow cannabis as an additional crop
No restrictions on the quantity of cannabis grown
No restrictions in terms of licenses, duties and regulations for the growing of cannabis crop
Guidelines and knowledge of organic cultivation of cannabis without the use of chemical fertilizers and pesticides and the disposal of by products following environmental standards
Availability of seeds of wide varieties of cannabis plants
Freedom to experiment with various varieties of cannabis plants and create new hybrid varieties if required
Ability to sell produce to wholesale and retail vendors
Ability to possess large quantities of cannabis as a harvest of cultivation
Availability of crop protection insurance for cannabis plant just as for other crops
Protection from harassment by law enforcement agencies for cannabis cultivation
Protection from big businesses and patents with regard to cannabis cultivation

Requirements of the Wholesaler

Wholesale license to be provided by government free of charge
Freedom to negotiate with any farmer for procurement of cannabis crop
No cap on quantity of cannabis that can be procured
No cap on number of farmers from whom cannabis crop can be procured
Government guidelines of maximum and minimum price to be paid to farmer for cannabis crop
Reasonable amount to be paid as government duty per kilogram of cannabis crop purchased from farmer
Ability to construct warehouses for storage of cannabis crop
Ability to use rent out or hire warehouses for storage of cannabis crop
Ability to transport cannabis crop from farmer to warehouses as well as from warehouse to retailers without any additional transport duties across states within India
Ability to transport cannabis produce without harassment from law enforcement
Guidelines for packaging, storage and transport of cannabis

Requirements of the Retailer

Ability to procure a cannabis retail license without difficulty
Ability to procure a cannabis retail license at affordable price
Freedom to negotiate cannabis prices with wholesaler
Freedom to procure cannabis from any wholesaler
Freedom to procure cannabis from as many wholesalers as possible
Guidelines for packaging and storage of cannabis
Guidelines for retail of cannabis to consumer
Guidelines for location of cannabis retail outlet
Protection from law enforcement action and parties opposed to cannabis
No additional duties to be paid to government besides the annually renewable retail license fees

Requirements of State Cannabis Commissions

Define state level cannabis policy
Define cannabis rates of duty for wholesalers
Define licensing policy for retailers
Define pricing policy at state level
Define support framework for cannabis farmers
Define state level guidelines for farmers for the cultivation of cannabis
Define state level guidelines for wholesalers and their functions
Define state level guidelines for retailers and their functions
Define state level rules and regulations for consumers

Requirements of National Level Cannabis Commissions

Define national level cannabis policy
Define policy for the import and export of cannabis internationally
Define policies for interstate trade of cannabis
Define policies for the protection and growth of cannabis businesses including banking, insurance, laws and evaluation criteria
Define policies for the overall evaluation and monitoring of cannabis industry in India
Identify bottlenecks in cannabis industry and remove them
Set up policies for the protection of poor farmers and to protect the interests of the poorest consumers and indigenous communities
Define policies for various businesses and industries that are associated with cannabis

Requirements of Regulators

Ensure that policies defined by state and national commissions are adhered to by farmers, wholesalers, retailers, consumers and other businesses.
Ensure that cannabis is safe for consumption
Ensure that cannabis is not sold to persons below 21 years
Ensure that the poorest farmers, the poorest consumers, persons who are sick, indigenous communities have access to cannabis with minimum complications
Ensure that unfair practices are not followed by the cannabis industry especially big businesses that aim to make profits and capture market at the expense of poor farmers and consumers.

Requirements of Businesses

Ability to use cannabis in the creation of various products and services
Ease of setting up and running a cannabis business
Laws for the protection of legal cannabis businesses
Support from government and various other sources for establishing and running cannabis businesses.
Promotion of cannabis based businesses to enable them to come up to speed after many years of prohibition
Priority and support to cannabis businesses set up by minorities, indigenous communities, economically challenged communities and those who have suffered the most through the prohibition of cannabis
Support for research into potential business applications of cannabis
Support for cannabis based tourism, social consumption areas, services, etc.

Requirements of Indigenous Communities

Support for the cultivation of indigenous varieties of cannabis
Financial support from government for the cultivation of cannabis.
Preference given to indigenous communities for setting up cannabis retail and other cannabis businesses
Leveraging the knowledge possessed by indigenous communities in the cultivation of cannabis
Protection of the various indigenous varieties of cannabis that are in the possession of these communities as well as the research into, revival and propagation of these varieties.
Defining of cannabis policies at the state and national level specific to indigenous communities who have suffered the most through cannabis prohibition and the associated law enforcement action.
Release from prison of all indigenous persons who have been imprisoned for their association with cannabis
Expungement of criminal records of indigenous persons who have been jailed for cannabis related activities
Protection of indigenous communities engaged in cannabis activities from the action of law enforcement and big businesses

Requirements of Legal Stakeholders

Change in cannabis related laws to legalize cannabis cultivation, consumption, possession and businesses
Release of all persons who are in prison due to cannabis related crimes
Expungement of criminal records of all persons who have been charged of cannabis related crimes
Realignment of law enforcement and excise functions so that cannabis related activities are now considered as out of scope for these agencies
Realignment of judiciary so that cannabis related cases are not brought to trial
Setting up laws for the protection of cannabis consumers and cannabis businesses if required
Setting up laws for the protection of small farmers and poor consumers especially among minorities, persons with medical conditions and indigenous communities that engage with cannabis.
Realignment of cannabis focused resources in law enforcement and law making to other areas

Requirements of Scientific Associations

Ability to research cannabis for the treatment of various medical conditions
Ability to prescribe cannabis for treatment of various ailments
Access to cannabis for research and medical treatment
Inclusion of cannabis in medical education
Protection of medical community for the use of cannabis as medicine
Research into potential business and industrial applications of cannabis
Research into biology of cannabis
Research into cannabis interactions with human and animal physiology
Research into evolution of cannabis

Proposed Solution

Features of Proposed Solution

Removal of cannabis in all its forms - ganja, charas/hashish, bhang and all products made from the cannabis plant from the NDPS Act of 1985
Permission for individuals to grow up to 12 plants per person and up to 24 plants per household for personal consumption
Permission for individuals to share their home grown cannabis with whomsoever they wish on a non-commercial basis provided that the person is above 21 years of age
Setting up of retail outlets throughout India with an initial target ratio of 1 retail outlet per 50000 persons of the population.
Setting up of testing mechanisms to check and ensure that quality of cannabis reaching the consumer is of good quality and devoid of chemical contaminants, mold, and other harmful substances.
Ensuring that the retail price of cannabis is such that it is affordable for all sections of society especially the poorest and the ones who need it the most medically
Permission for an individual to possess up to 500 grams of ganja and 10 tolas of charas/hashish without coming under any form of legal action
Permission for an individual to consume cannabis in any form within a private setting such as a home.
Permission for the establishment of social consumption areas with licenses so that individuals can consume cannabis and its derivative products in a social setting
Removal of all curbs so that cannabis and its derivatives can be used to make any product or service that an individual or business so wishes to.
Permission for a farmer to cultivate any amount of cannabis just like any other crop without the need for any special license
Permission for a farmer to grow any amount or variety of cannabis he wishes
No special taxes, duties, or fees for a farmer to cultivate cannabis. The regular taxes paid on income as in the case of any other crop will apply
Setting up of training and knowledge resources for farmers to gain the knowhow of cannabis cultivation
Emphasis for farmers to use sustainable, organic methods for cannabis cultivation looking at the feasibility of following the methods employed in India in the past and those employed by indigenous communities
Setting up of seed banks with state and national level government support and encouragement for farmers for the propagation of as many varieties of cannabis as possible through agriculture ministries
Coverage of cannabis crop under crop insurance and farmer loan schemes
End to action on cannabis farmers and cannabis crops by law enforcement and excise agencies
Creation of mechanisms to protect the small farmer from big business and other threats
Creation of wholesale license for cannabis wholesalers
No fees associated with wholesale licenses though one individual may possess only one wholesale license.
An individual may not possess both wholesale and retail licenses
A wholesaler can negotiate and enter into agreement with any farmer for the purchase of cannabis crop from the farmer
No cap on the quantity of cannabis that can be purchased by a wholesaler from a farmer
No cap on the number of farmers that the wholesaler can procure produce from
State level cannabis commissions linked to agriculture ministries to fix the duty per kilogram of cannabis that the wholesaler needs to pay to the state government
A wholesaler may set up any number of warehouses to store the cannabis crop.
A wholesaler may store cannabis crop in any warehouse he chooses whether self owned or rented.
A wholesaler can transport cannabis from the farmer to the warehouses and from the warehouses to the retailer without any special license, additional duty, fees or permit.
A wholesaler may transport cannabis across multiple states without any special duty or permits other than what currently exists for other products
A private transporter may be engaged by the wholesaler or retailer to move cannabis produce between locations
No law enforcement or excise action will be applied on the wholesaler, transporter or retailer because the product in question is cannabis.
A retailer can procure a cannabis retail license after paying the required retail license fee.
A retail license will be valid for one year and must be subsequently renewed annually
Retail licenses will be provided impartially and in sufficient numbers based on demand. No person will be denied a retail license on any grounds other than inability to pay fees or violation of regulations
Retailers with valid licenses will be free to purchase cannabis from any wholesaler that they wish to.
Retailers can procure cannabis from any number of wholesalers and in any quantity that they choose
Guidelines will be defined by state and national level cannabis commissions for the packaging, storage and transport of cannabis.
Guidelines will be defined by state and national level cannabis commissions for the establishment of retail outlets including location, layout, rules of engagement with consumer, safety and compliance laws, etc
The retailer will not be required to pay any additional duties or fees besides the retail license fee. The retailer will of course have to pay tax on the revenues from the cannabis retail business in line with any other business
A retailer can open one outlet with one license
Rules will be in place to prevent monopoly of retail outlets by big businesses and to protect small businesses with the emphasis being on the promotion of small businesses and individual entrepreneurs.
A person with a cannabis retail license can sell other products as well in addition to cannabis.
Retail licensing policy for cannabis will in many ways operate similar to liquor licensing policies
State level cannabis commissions to be set up in each state
The state level cannabis commission will define state level cannabis policy in line with the agriculture portfolio being a part of a state's prerogative.
State level cannabis policy to contain wholesale duty and retail licensing policies.
State level cannabis policy to contain fee structure for retail licensing and duty per kg of cannabis to be paid by wholesaler.
State level cannabis policy to contain pricing limits and controls at various levels including farmer, wholesaler and retailer.
State level cannabis policy to contain crop insurance and loan policies for cannabis farmers
State level cannabis policy to contain guidelines for cultivation, wholesale, retail and consumption of cannabis
State level cannabis policy to serve as input for regulators to ensure compliance
State level cannabis policy to contain guidelines for cannabis related businesses
National level cannabis commission to be set up
National level cannabis commission to define national level cannabis policy.
National level cannabis commission to ensure maximum uniformity between state level cannabis policies to provide efficiency
National level cannabis policy to contain guidelines for international import and export of cannabis
National level cannabis policy to contain guidelines for interstate trade of cannabis
National level cannabis policy to contain guidelines for protection and growth of cannabis businesses including streamlining legal, banking, insurance and other areas which affect cannabis businesses.
National level cannabis policy to contain guidelines for overall evaluation and monitoring of the cannabis industry
National level cannabis policy to identify bottlenecks and remove or streamline them to ensure growth of cannabis industry
National level cannabis policy to ensure steps for the protection from big businesses for small farmers and businesses, poor consumers, persons in need of cannabis as medicine and indigenous communities and to prioritize access and opportunities to them.
National level cannabis policy to contain policies for various cannabis related businesses and industries
Setting up of regulatory bodies at the state and national level to ensure compliance with the policies defined by the state and national level commissions
Promotion, encouragement and support for all cannabis related businesses with the integration of industry, research, investment and startup ecosystems. Special emphasis on all ecofriendly sustainable businesses.
Special priority given to cannabis businesses that involve indigenous communities, minorities, economically challenged individuals
Setting up and promotion of cannabis tourism
Encouragement of scientific research into cannabis and its applications across various industries
Protection and support to indigenous communities for the cultivation of cannabis
Protection and propagation of the knowledge possessed by indigenous communities regarding the cultivation of cannabis
Protection of the various indigenous varieties of cannabis that are in the possession of these communities as well as the research into, revival and propagation of these varieties.
Defining of cannabis policies at the state and national level specific to indigenous communities who have suffered the most through cannabis prohibition and the associated law enforcement action.
Release from prison of all indigenous persons who have been imprisoned for their association with cannabis
Expungement of criminal records of indigenous persons who have been jailed for cannabis related activities
Protection of indigenous communities engaged in cannabis activities from the action of law enforcement and big businesses
Change in cannabis related laws to legalize cannabis cultivation, consumption, possession and businesses
Release of all persons who are in prison due to cannabis related crimes
Expungement of criminal records of all persons who have been charged of cannabis related crimes
Realignment of law enforcement and excise functions so that cannabis related activities are now considered as out of scope for these agencies
Realignment of judiciary so that cannabis related cases are not brought to trial
Setting up laws for the protection of cannabis consumers and cannabis businesses if required
Setting up laws for the protection of small farmers and poor consumers especially among minorities, persons with medical conditions and indigenous communities that engage with cannabis.
Realignment of cannabis focused resources in law enforcement and law making to other areas

Benefits of Proposed Solution

In the case of cannabis there should really be no necessity to elaborate the benefits of legalizing the plant and removing its prohibition in India. Just the facts that the cannabis plant was used widely in India in the past from as long back as we can remember, the religious significance of the plant across religions, the widespread usage of cannabis as universal natural medicine across India in the past, the existence of the plant in nature for nearly 28 million years prior to the advent of modern man as well as the plant being the go to recreational drug for vast numbers of Indians especially the working classes with an extremely low or negligible harm profile should be more than sufficient justification for its legalization.

Yet a species that believes that it decides who should exist in nature and who should not and on the basis of this belief has gone to the absurd extreme of banning a creation of nature is likely to pay attention only if a situation is monetized and the monetary benefits of every action emphasized. So I will try to show some monetary benefits of removing the prohibition of cannabis in India. This is just the proverbial tip of the iceberg and based on very high level estimates. Some of the benefits cannot be quantified monetarily and may be too priceless to attach a monetary figure to. E.g. What would be the monetary value of hemp based biodegradable plastic replacing all the petrochemical based non-biodegradable plastic in use in India today? This and many other such benefits are beyond my means to currently put a value to. I have listed ad hoc benefits in other areas such as my blog. Also various scientific and economic studies have detailed benefits of cannabis legalization in leading media and scientific publications. The legalization of cannabis in other parts of the world also provides evidence of its benefits. Humans are only now starting to discover the applications and benefits of cannabis and they are already mind boggling.

Some of the immediate benefits I see are as follows:

Safe Recreational Drug

With legalization of cannabis including its home growing, the plant will once again be available as a safe recreational drug for Indians. This would prove to be a very effective harm reduction alternative available for Indian society providing an alternative to the deadly legal drugs alcohol and tobacco as well as the numerous illegal drugs available such as heroin and methamphetamine. Considering that 1 crore 2.6 lakh people die every year due to alcohol and tobacco alone and that numerous others are affected in various ways due to diseases as a result of these extremely harmful legal drugs, it should be very obvious that cannabis as a legal recreational drug will be vastly beneficial for the physical and mental well being of Indian society. Currently the very situation that many experts in the past feared would happen if cannabis was curbed and prohibited in India has happened and that too in a more aggressive way than ever imagined. Yet the government and policy makers still continue to promote tobacco and alcohol while ignoring cannabis in spite of all the evidence emerging world wide.

Additional Cash Crop

The availability of cannabis as an additional cash crop for Indian farmers, the majority of whom are poor, small scale farmers will be a huge boon. Cannabis can grow in many diverse conditions and is known to be especially suitable in water stressed situations requiring just a few months to reach maturity. The price that cannabis could get the Indian farmer in the market could be a way out from the burden of loans, failed crops, climate change and the increasing number of farmer suicides. This would provide a sustainable way out for the Indian small scale farmer.

Projected Size of Legal Cannabis Industry

In the US, a country that is 1/4th the size of India in terms of population, the projected size of the cannabis industry by 2025 is approximately $25 billion according to sources such as New Frontier Data. In a country like India, using a simple math it could be $100 billion or Rs 7 lakh crores, but that is not considering the potential for a vast number of cannabis related businesses which could be unique to the Indian market as well as the potential for export to other countries. Looking at it from another perspective, the Indian cannabis market is currently a black market with all revenues flowing into the hands of persons who could very easily be engaged in many other criminal activities besides the illegal trade of cannabis. The proceeds from cannabis could very likely be funding arms trade, heroin and methamphetamine trade, human trafficking, extortion, etc. According to Excise data for 2017 from NCRB, cannabis with an estimated market value of around Rs 3,500 crores was seized. Even in places like Canada where cannabis has been legalized, the black market is said to be 10 times the legal market. Using that yardstick, we could be easily talking about a Rs 35,000 crore plus black market for cannabis in India. With legalization and the removal of curbs for doing business in cannabis, I am of the belief that the legal cannabis market could easily grow up to 10 times that of the black market or possibly Rs 3.5 lakh crores. Considering the costs incurred through cannabis prohibition in a previous section which I estimated at approximately Rs 6.39 lakh crores and the above estimates of industry size based on the US cannabis market growth projections, it may not be a pipe dream to say that with the legalization of cannabis, the growth of the Indian cannabis market and the resulting reduction in cost of prohibition, we are talking about easily an overall benefit to India annually of approximately Rs 12 lakh crores.

Improved Efficiency of Law Enforcement

Keeping cannabis illegal and the cost of prohibition means that precious law enforcement resources are diverted and wasted on victimless crime instead of focusing on much more critical areas such as violent crime, financial fraud, environmental crime, etc. Law enforcement uses cannabis statistics to bloat performance data while on-ground effectiveness remains dismal. Also most persons who are victims of cannabis related legal action are very poor farmers, minorities, indigenous communities and youth. The unjust experience with the legal system for growing a medicinal plant is likely to turn these victims into hardened criminals and anti-social elements. In the decades since the restrictions and curbs on cannabis began, the number of people who have suffered through legal action has been too many.

Industrial Applications

Cannabis is said to have more than 25000 industrial applications ranging from textiles, automobile bodies, biodegradable plastics, paper, hemp-based capacitors, sustainable construction material, to name just a few applications. If the cannabis plant is explored and embraced as a potent industrial material which is sustainable and renewable, it is a significant step in the direction of reducing our carbon footprint, combating climate change and environmental destruction.

Indian Cannabis Varieties

The varieties of cannabis that exist in India are surely likely to be numerous given the vast geographical variations across the country. Most of these Indian cannabis varieties are natural, sun grown cannabis with minimal human intervention in their breeding unlike in the West where breeding cannabis plants under artificial conditions such as artificial lighting, excessive use of pesticides and fertilizers, etc. has led to the survival of varieties with high psychotropic content often at the cost of other potentially medicinal cannabis compounds such as cannabidiol. The natural varieties of cannabis in India hold promise of vast medicinal and industrial benefits.

Food for the Food Chain

The revival of cannabis across the country not only benefits humans but also many species of animals, birds and insects who get valuable nutrition and medical benefits from the plant. The plant has been seen to help bee populations survive adverse climate changes to further pollination as well as help cattle to gain healthy nutritious food and medication.

Versatile Natural Medicine

Cannabis was used in India in the past as versatile natural medicine to treat a wide range of diseases. In the US, cannabis has been included as a treatment option for a wide range of illnesses which number more than 30 including diseases like cancer, chronic pain, diabetes, PTSD, epilepsy, etc. Many Western countries like Germany are also using cannabis as medicine in a big way. In India where the burden of health care is immense and where the health care system is dismal, the re-introduction of cannabis as versatile, safe and affordable natural medicine would place it within the reach of every single Indian if home growing of the plant is permitted. This would have the effect of introducing truly universal healthcare at almost no cost for nearly the entire Indian population.

Medicinal uses described in the Indian Hemp Drugs Commission Report (1894)
This report speaks in Ch.10 Effects—General Observations, Vol.1, of the following medical properties of cannabis.

References to cannabis as medicine in historical medical texts - 'It is consumed as a beverage in hot weather and as a protection against cold. Out of a total of 1,193 European and Native witnesses before the Commission, little less than two-thirds refer to the use of hemp drugs by the Vedanti and Yunani schools of native physicians and native doctors generally. Bhanga is recommended with a number of other drugs as an antiphlegmatic (Susruta). The effects of hemp on man are described as excitant, heating, astringent: it destroys phlegm, expels flatulence, induces costiveness, sharpens the memory, and excites appetite (Rajanighantu of Narahari Pandita, A.D. 1300). In the Carngadharasamhita, a medical work, the date of which is unknown, but which must have been compiled during the Muhammadan period of Indian history, bhang is specially mentioned as an excitant. In Dhurtasamagama, or "Rogues' Congress," A.D. 1500, the following passage occurs: "Ganja, which is soporific and corrects derangements of the humours, which produces a healthy appetite, sharpens the wits, and acts as an aphrodisiac." In the Bhavaprakaça, written about A.D. 1600, bhang is described as being "antiphlegmatic, pungent, astringent, digestive, easy of digestion, and bile-affecting, and increases infatuation, intoxication, the power of the voice, and the digestive faculty." In the Rajarallabha, a materia medica of rather later date, ganja is described as "Indra's food," is acid, produces infatuation, and destroys leprosy. It "creates energy, the mental powers, and internal heat, corrects irregularities of the phlegmatic humour, and is an elixir vitæ." In the Makhzan-el-Adwiya, hemp seeds are said to be "a compound of opposite qualities, cold and dry in the third degree, i.e., stimulant and sedative, imparting at first a gentle reviving heat, and then a considerable refrigerant effect."

"The leaves make a good snuff for deterging the brain; the juice of the leaves applied to the head as a wash removes dandruff and vermin; drops of the juice thrown into the ear allay pain and destroy worms and insects. It checks diarrhœa, is useful in gonorrhœa, restrains the seminal secretions, and is diuretic. The bark has a similar effect. The powder is recommended as an external application to fresh wounds and sores, and for causing granulations; a poultice of the boiled roots and leaves for discussing inflammations and cure of erysipelas, and for allaying neuralgic pains. The dried leaves, bruised and spread on a castor-oil leaf, cure hydrocele and swelled testes." Rumphius in the Herbarium Amboinense, A.D. 1695, states that the Muhammadans in his neighbourhood frequently sought for the male plant from his garden to give to persons afflicted with virulent gonorrhœa or with asthma, and the affection which is popularly called "stitches in the side." He also adds that the powdered leaves check diarrhœa, are stomachic, cure the malady named pitao, and moderate excessive secretion of bile. He mentions the use of hemp smoke as an enema in strangulated hernia, and of the leaves as an antidote in poisoning by orpimen. '

'Cannabis indica must be looked upon as one of the most important drugs of Indian Materia Medica. Bhang is generally prescribed as a cold infusion prepared from the powdered and welltriturated leaves, or as a confection or "moduks" especially in the treatment of nervous debility: into all these preparations a large number of other ingredients usually enter. The admixture of saccharine matter with bhang is popularly supposed to render it more potent as an intoxicant. Bhang is also used as a local application in the form of poultice, and sometimes the finely powdered leaves are used as a snuff. When ganja and charas are prescribed for inhalation, the drugs are smoked mixed with tobacco; when ganja is used for local fumigation, the smoke from the unmixed drug is employed. Witnesses refer to the use of the drugs in the treatment of "brain fever," cramps, convulsions of children, headache, hysteria, neuralgia, sciatica, and tetanus. In certain of these diseases, e.g., convulsions of children, neuralgia, and tetanus, the use of hemp preparations has also been advocated by European practitioners. The late Sir W. B. O'Shaughnessy, of Calcutta, appears to have been the first to use hemp resin in tetanus. He found that in many cases it effectually arrested the progress of the disease, but in the hands of others equally good results were not always obtained. O 'Shaughnessy explains this by the fact that the use of hemp is so universal among the lower classes, that it is only in those patients who are not habituated to it that beneficial effects are likely to ensue when the drug is administered medicinally. The treatment of tetanus by the inhalation of ganja smoke has also been recommended. In the class of specific infectious diseases, hemp drugs are stated to be used in hydrophobia, ague, remittent fever, cholera,"to relieve burning symptoms in phthisis," dysentery, erysipelas, and gonorrhœa. O'Shaughnessy more than 50 years ago used hemp resin with more or less success in hydrophobia and cholera. In the treatment of dysentery the resin has been found of much value by many European doctors, and excellent results have been obtained with it. In addition to the medicinal use of the drug for the treatment of cholera during epidemics, hemp drugs appear occasionally to be used as prophylactics, and for a similar purpose the use of the drugs is recommended in malarial areas to counteract the effects of "bad air and water." In both cases hemp drugs probably act as indirect prophylactics, stimulating the nervous system and allaying depression, thus serving much the same purpose as the popular use of alcoholic beverages by the lower classes in European countries during the prevalence of epidemics. But, on the other hand, it must be remembered that when ganja is smoked as a prophylactic, it is always mixed with tobacco, and yields members of the aromatic series of hydrocarbons, the lower members of which are known to possess both antiseptic and antipyretic powers. In the treatment of diseases of the respiratory organs, hemp drugs are stated to be used in hay-fever, asthma, bronchitis, and coughs, inhalation of ganja smoke being the usual mode of exhibiting the drug. Pounded bhang leaves are stated to be sometimes used as a snuff in catarrh and "diseases of the nose and head.". 'In several diseases of the organs of digestion hemp drugs are prescribed, flatulence, diarrhœa, dyspepsia, piles, and prolapsusani being the chief. Bhang has also been prescribed to check salivation. In diseases of the urinary organs hemp preparations are used in diabetes, impotency, stricture, spermatorrhœa, hydrocele, incontinence of urine, and swellings of the testicles. In orchitis a warm bhang poultice applied on a warm fig leaf is recommended to be bandaged over the testicles, and in hydrocele a similar poultice is spread on a castor-oil leaf. In impotency and nervous debility the drug is doubtless used on account of its supposed aphrodisiac power. Hemp drugs are also stated to be prescribed in diseases of the heart, brain, spleen, in rheumatism, gout, and delirium tremens, and they are also used in the treatment of scabies, guinea-worm, and boils. An oil prepared from bhang and other ingredients is prescribed in white leprosy, and bhang smoking is stated to be used against the poisons of fish and scorpions.'

“In connection with the therapeutics of hemp drugs, one of the commonest uses is for the relief of pain, the drugs being used either as local or general anodynes. Thus bhang poultices are frequently mentioned as soothing local applications to painful parts; and poultices are used for inflamed piles and over the seat of pain in liver and bowel diseases, and to check inflammation and erysipelas. Fumigation with the smoke from burning ganja or bhang is also used as a local sedative in piles. A small fragment of charas is placed in a carious tooth to relieve toothache. And the use of the drugs is also referred to for the relief of protracted labour pains, dysmenorrhœa, pain in the stomach, cramps, and neuralgia. One witness states that hemp drugs are used as a substitute for opium. In cases of circumcision the drugs are used as anæsthetics, and a witness mentions that native doctors on rare occasions substitute ganja for chloroform in operations. The tincture of Cannabis has been used as a local anæsthetic in extracting teeth (British Journal of Dental Science).'

'Some witnesses refer to the febrifuge properties of hemp drugs; and it is stated that bhang used as a drink cuts short the cold stage in fever. There appears to be but little doubt that when bhang is used by natives in fever, the benefit accrues on account of its diuretic action, and not because it possesses any real febrifuge properties. It is not known to possess the latter.The diuretic action of bhang is mentioned in connection with the treatment of gonorrhœa. The diuresis which is popularly supposed to be induced by administration of an infusion of bhang is in accord with Dr. Russell's experiments (Bengal witness No. 105) which are appended to his paper. The tonic, digestive, stimulant, antispasmodic, astringent, and alterative effects of the drugs are mentioned by some witnesses. It is probably on account of the supposed hæmostatic effect that powdered charas is used as an application to cuts to check bleeding and induce healing, and possibly the use of the drugs in menorrhagia is based on similar reasoning. In this connection, however, it is interesting to note that Dr. R. L. Dey, a medical officer of the Eastern Bengal State Railway, in 1866 reported the successful treatment of a number of cases of obstinate menorrhagia with tincture of Indian hemp and liquid extract of ergot, although he could obtain no benefit from the use of ergot administered with sulphuric and gallic acids and other hæmostatics. According to Stillé and Maisch (National Dispensatory), there is evidence to show that Cannabis appears capable, directly or indirectly, of causing uterine contraction, as in many cases of uterine hæmorrhage, and it is also said to cause contraction in the pregnant uterus with as much energy as ergot, but with less persistent action. Some witnesses refer to the purgative action; it is quite possible that a chillum of ganja may act in the same way as the morning pipe does with many Europeans.'

'O'Shaughnessy, on the other hand, speaks of the drug acting on the "generative apparatus," and in experiments, which he tried on some of his pupils, he states that, "with scarcely any exception, great aphrodisia was experienced" from administration of the extract. Physiologically the active principle of hemp drugs has, so far as is known, no aphrodisiac power whatever; and, as a matter of fact, they are used by ascetics in this country with the ostensible object of destroying sexual appetite.'
'There is also a large body of evidence showing that hemp drugs, both as smoked and as drunk, are used as a febrifuge or preventive of the diseases common in malarious tracts or arising from the use of bad water. This is the justification alleged for the habitual use of these drugs in certain localities. Here, of course, the experience of the witnesses is more limited; but the evidence is very considerable. Labourers in malarious tracts and cultivators of wet and marshy lands, jungle tribes, and those who have to work or reside in jungle tracts, are among those who are said to use the drugs for these purposes. It is impossible also to shut the eyes to the evidence which often comes up unexpectedly, showing that respectable and intelligent people going on duty to such tracts, and sepoys sent on foreign service or garrisoning comparatively unhealthy districts, often take to these drugs for these purposes.' As a food accessory or digestive 'Among the beneficial effects attributed to the drugs is their effect as a food accessory or digestive. This effect is more generally attributed to bhang than to the other two forms. But there are a large number of witnesses who attribute it also to the smoking of ganja. The "cooling and refreshing" cup of bhang taken by the well-to-do, especially in the hot weather, to stimulate their energies and to create an appetite for food is frequently in evidence. There would seem to be a very general use of bhang in moderation as a stimulant and digestive by the middle classes, especially in advancing years. Some of the most intelligent and enterprising classes of the community are among those who thus use bhang. This use is generally spoken of without any marked condemnation, and often even with approval; for it is the practice of the respectable classes.'

'But after all there seems quite equally good ground for believing that the chillum of ganja taken by
the labouring man after his food with the object of allaying weariness and assisting digestion is no more harmful; and there are many witnesses whose evidence is in this sense. The use of bhang in the one case is sometimes compared to the glass of wine taken at meals by a moderate consumer of alcohol, and the use of ganja in the other case to the labouring man's glass of beer or even to his pipe of tobacco. It is possible also that the effects of hemp drugs in this respect may be to a certain extent comparable with those of tea. The use of these drugs to give staying-power under severe exertion or exposure or to alleviate fatigue is very largely in evidence. Here it is ganja especially which is credited with these beneficial effects. For ganja is far more extensively used than bhang by the labouring classes. The latter is mainly used by persons like the Chaubes of Mathra, who are very frequently referred to, and professional wrestlers. Gymnasts, wrestlers and musicians, palki-bearers and porters, divers and postal runners, are examples of the classes who use the hemp drugs on occasions of especially severe exertion. Fishermen and boatmen, singhara cultivators working in tanks, dhobis and night watchmen, mendicants and pilgrims, are named as among those who use them under severe exposure. All classes of labourers, especially such as blacksmiths, miners, and coolies, are said more or less generally to use the drugs as a rule in moderation to alleviate fatigue.'
'Thus the drugs are said to be used sometimes to prevent insomnia and to relieve anxiety, as the consumer of alcohol sometimes takes a "night cap before going to bed" or a glass of wine when he is of heavy heart. The drugs are said to be cheering in their effects, and to be prized by many on this account. An interesting illustration of this may perhaps be found in the popular belief existing in many parts that these drugs protect against cholera and other epidemic diseases. One very intelligent witness, who has seen much of this use, explains it as due to the stimulating and inspiriting nature of the drugs. The drugs are said to be used to produce concentration of attention not only by fakirs, but also by such tradesmen as jewellers doing very fine work. They are said to be used by the poor and on occasion by others to alleviate hunger when sufficient food is not obtainable.'

'Among the diseases for which hemp drugs are prescribed in native veterinary practice for cattle, horses, sheep, and occasionally elephants may be mentioned colic, bowel-complaints, diarrhœa, sprains, constipation, cow-pox, foot-and-mouth diseases, hoof disease, pneumonia, affections of the throat, colds and coughs, quinsy, and rinderpest. Ganja is used to extract worms in foot-sore diseases of cattle and to remove intestinal worms, and is also burnt to disinfect sheepfolds. A very common use of the drugs is as a tonic to produce condition, to make oxen fleet of foot, to relieve fatigue, and to give staying power. Bhang is sometimes used to increase the flow of milk in cows, and also to stupefy them when they refuse to be milked. The drug is occasionally given to mares shortly before being covered, and it is also used after delivery. Bhang mixed with salt is given to cattle as preventive against purging, to which they are generally subject from feeding on the young shoots of grass sprouting during the early part of the monsoon. Hemp drugs when used for cattle disease are usually administered raw, but always admixed with other ingredients, spices, salt, or gur. Occasionally bhang is first cooked in a metal pot, then mixed with gur, when animals eat it readily, or it is forced down the throat mixed with salt.'

In addition to these benefits described in the Indian Hemp Drugs Commission Report, I spoke in the earlier section about the costs that cannabis prohibition is inflicting on Indian society. These costs could be easily reduced and minimized with legalization of the plant. I have just briefly touched upon some of the benefits of cannabis legalization here. The actual benefits are much more. More and more nations worldwide are starting to recognize the harms of prohibition and starting the journey to legalization of cannabis once again. We too must if for nothing else but the freeing a plant of nature from the absurd and unjust curbs of foolish man.

Phasewise Solution Design and Development

I propose the solution design, development and implementation to be executed in three phases:

Phase 1 involves the removal of curbs and modification of laws which affect the most number of individuals and their right to freedom. This should be immediately taken up as it has the maximum impact.
Phase 2 involves the setting up of governance structures as well as the definition of policies and guidelines which should regulate the future cannabis industry. It should be commenced as soon as possible but may take a longer time frame than phase 1 to design, develop and implement. It involves coordination among multiple stakeholders and will form the basis for the future.
Phase 3 involves the actual business side of the cannabis industry and commercial aspects of it. It should build on phase 1 and 2 and will be a long term phase.

In addition to these three phases, continuous monitoring and evaluation as well as communication and education must happen. These activities must commence immediately and be ever present.

Feature Implementation in Phase 1 – Changing Existing Laws

Removal of cannabis in all its forms - ganja, charas/hashish and bhang from the Narcotics and Psychotropic Substances (NDPS) Act of 1985
Permission for individuals to grow up to 12 plants per person and up to 24 plants per household for personal consumption
Permission for individuals to share their home grown cannabis with whomsoever they wish on a non-commercial basis provided that the person is above 21 years of age
Permission for an individual to possess up to 500 grams of ganja and 10 tolas or 100 grams of charas/hashish for personal consumption without any form of legal action
Permission for an individual to consume cannabis in any form within a private setting such as a home.
Permission for a farmer to cultivate cannabis just like any other crop without the need for any special license
Permission for a farmer to grow any amount of cannabis he or she wishes
No special taxes, duties, or fees for a farmer to cultivate cannabis. The regular taxes paid on income as in the case of any other crop will apply
End to legal action by law enforcement and excise agencies on cannabis farmers and cannabis crops
Encouragement of scientific research into cannabis and its applications across various industries
Protection and support to indigenous communities for the cultivation of cannabis
Protection of the various indigenous varieties of cannabis that are in the possession of these communities as well as the research into, revival and propagation of these varieties.
Release from prison of all indigenous persons who have been imprisoned for their association with cannabis
Expungement of criminal records of indigenous persons who have been jailed for cannabis related activities
Protection of indigenous communities engaged in cannabis activities from the action of law enforcement and big businesses
Change in cannabis related laws to legalize cannabis cultivation, consumption, possession and businesses
Release of all persons who are in prison due to cannabis related crimes
Expungement of criminal records of all persons who have been charged of cannabis related crimes
Realignment of law enforcement and excise functions so that cannabis related activities are now considered as out of scope for these agencies
Realignment of judiciary so that cannabis related cases are not brought to trial
Realignment of cannabis focused resources in law enforcement and law making to other areas

Feature Implementation in Phase 2 – Policy Definition

Setting up of testing mechanisms to check quality of cannabis reaching the consumer to ensure that cannabis is of good quality and devoid of chemical contaminants, mold, and other harmful substances.
Ensuring that the retail price of cannabis is such that it is affordable for all sections of society especilly the poorest and the ones who need it the most medically
Removal of all curbs so that cannabis and its derivatives can be used to make any product or service that an individual or business so wishes to.
Setting up of training and knowledge resources for farmers to gain the knowhow for cultivation of cannabis
Emphasis on farmers using sustainable, organic methods for cannabis cultivation looking at the feasibility of following the methods employed in India in the past and methods employed by indigenous communities
Setting up of seed banks with state and national level government support and encouragement for farmers for the propogation of as many varieties of cannabis as possible through agriculture ministries
Coverage of cannabis crop under crop insurance and farmer loan schemes
Creation of mechanisms to protect the small farmer from big business and other threats
Creation of wholesale license for cannabis wholesalers
No fees associated with wholesale licenses though one individual may possess only one wholesale license.
Curbs on monopoly such as policies where an individual may not possess both wholesale and retail licenses
State level cannabis commissions linked to agriculture ministries to fix the duty per kilogram of cannabis that the wholesaler needs to pay to the state government
A retailer can procure a cannabis retail license after paying the required retail license fee.
A retail license will be valid for one year and must be subsequently renewed annually
Retail licenses will be provided impartially and in sufficient numbers based on demand. No person will be denied a retail license on any grounds other than inability to pay fees or violation of regulations
Guidelines will be defined by state and national level cannabis commissions for the packaging, storage and transport of cannabis.
Guidelines will be defined by state and national level cannabis commissions for the establishment of retail outlets including location, layout, rules of engagement with consumers, safety, compliance, etc
The retailer will not be required to pay any additional duties or fees besides the retail license fee. The retailer will of course have to pay tax on the revenues from the cannabis retail business in line with any other business
Rules to prevent the monopoly of retail outlets by big businesses and to protect small businesses with the emphasis being on the promotion of small businesses and individual entrepreneurs.
Retail licensing policy for cannabis to operate similar to liquor licensing policies
State level cannabis commissions to be set up in each state
The state level cannabis commission will define state level cannabis policy in line with the agriculture portfolio being a part of a state's prerogative.
State level cannabis policy to contain wholesale and retail licensing policies.
State level cannabis policy to contain fee structure for retail licensing and duty per kg of cannabis to be paid by wholesaler.
State level cannabis policy to contain pricing limits and controls at various levels including farmer, whoesaler and retailer.
State level cannabis policy to contain crop insurance and loan policies for cannabis farmers
State level cannabis policy to contain guidelines for cultivation, wholesale, retail and consumption of cannabis
State level cannabis policy to serve as input for regulators to ensure compliance
State level cannabis policy to contain guidelines for cannabis related businesses
National level cannabis commission to be set up
National level cannabis commision to define national level cannabis policy.
National level cannabis commision to ensure maximum uniformity between state level cannabis policies to provide efficiency
National level cannabis policy to contain guidelines for international import and export of cannabis
National level cannabis policy to contain guidelines for interstate trade of cannabis
National level cannabis policy to contain guidelines for protection and growth of cannabis businesses including streamlining legal, banking, insurance and other areas which affect cannabis businesses.
National level cannabis policy to contain guidelines for overall evaluation and monitoring of the cannabis industry
National level cannabis policy to identify bottlenecks and remove or streamline them to ensure growth of cannabis industry
National level cannabis policy to ensure steps for the protection from big businesses of small farmers and businesses, poor consumers, persons in need of cannabis as medicine and indigenous communities and to prioritise access and opportunities to them.
National level cannabis policy to contain policies for various cannabis related businesses and industries
Setting up of regulatory bodies at the state and national level to ensure compliance with the policies defined by the state and national level commissions
Protection and propogation of the knowledge possessed by indigenous communities regarding the cultivation of cannabis
Defining of cannabis policies at the state and national level specific to indigenous communities who have suffered the most through cannabis prohibition and the associated law enforcement action.
Setting up laws for the protection of cannabis consumers and cannabis businesses if required
Setting up laws for the protection of small farmers and poor consumers especially among minorities, persons with medical conditions and indigenous communities that engage with cannabis.
Realignment of cannabis focussed resources in law enforcement and law making to other

Feature Implementation in Phase 3 – Commercial Implementation

Setting up of retail outlets throughout India with an initial target ratio of 1 retail outlet per 50000 persons of the population.
Permission for the establishment of social consumption areas with licenses so that individuals can consume cannabis and its derivative products in a social setting
An individual may not possess both wholesale and retail licenses
A wholesaler can negotiate and enter into agreement with any farmer for the purchase of cannabis crop from the farmer
No cap on the quantity of cannabis that can be purchased by a wholesaler from a farmer
No cap on the number of farmers that the wholesaler can procure produce from
A wholesaler may set up any number of warehouses to store the cannabis crop.
A wholesaler may store cannabis crop in any warehouse he chooses whether self owned or rented.
A wholesaler can transport cannabis from the farmer to the warehouses and from the warehouses to the retailer without any special license, duty, fees or permit.
A wholesaler may transport cannabis across multiple states without any special duty or permits other than what currently exists for other products
A transporter may be engaged by the wholesaler or retailer to move cannabis produce between locations
No law enforcement or excise action will be applied on the wholesaler, transporter or retailer because the product in question is cannabis.
Retailers with valid licenses will be free to purchase cannabis from any wholesaler that they wish to.
Retailers can procure cannabis from any number of wholesalers and in any quantity that they choose
A retailer can open one outlet with one license
A person with a cannabis retail license can sell other products as well in addition to cannabis.
Promotion, encouragement and support for all cannabis related businesses with the integration of industry, research, investment and startup ecosystems. Special emphasis on all ecofriendly sustainable businesses.
Special priority given to cannabis businesses that involve indigenous communities, minorities, economically challenged individuals
Setting up and promotion of cannabis tourism
Setting up, promotion and support for multiple cannabis related industries

Solution Implementation

Phase 1 Changing Existing Laws

This essentially involves changing laws and alignment of law enforcement resources. It also involves a fair amount of education at all levels of society in terms of undoing the damage that decades of vilifying the cannabis plant has brought about. This will involve the usage of media and public forums as well as messages from law enforcement, lawmakers, various industry bodies and individuals to communicate the changes being made. Debates across society are likely as the opposition to cannabis legalization is significant primarly driven by propoganda, misinformation and ignorance. The likelihood of increased harassment of cannabis users and growers from various sections of society is likely as the resistance to change may be significant. Key messages about the benefits of cannabis and how the proposed system will minimize existing harms in society need to be spread in parallel with phase 1 implementation. Lessons from the past as well as from various parts of the world where cannabis legalization has been completed or is ongoing should be communicated. Scientific literature on the subject should be made more freely available and accessible. Cannabis as a subject of conversation must enter mainstream society through all the channels possible with leaders in various fields talking about it. Buy in from key stakeholders such as lawmakers, law enforcers, media, scientists and the medical field must be sought and achieved.

Phase 2 Policy Definition

Identifying and establishing the various commissions at the state and national levels to formulate cannabis policies that are applicable at the respective levels should be driven by law makers. Generally a commission should comprise of agriculture, industry, legal, medical and social experts. Commissions need not reinvent the wheel but can readily study and adopt from the policies defined by state level commissions such as Colorado, California, Illinois, Washington and Massachussets in the US who have gone through years of trial and error and have stabilized cannabis policies that are now in effect in these respective places. National level commissions can adopt policies from countries like Canada and Uruguay and the national level hemp provisions in the US Farm Bill 2018 and subsequent regulations. There will be a need to study and bring in synergy between state level and national level cannabis policies so that there is sufficient uniformity, minimum conflict and maximum efficiency. The policies defined by these commissions need to be reviewed in public consultation as well as by law makers before it is put into effect. The emphasis of these policies must be the well being of the poorest sections of society, the minority groups, indigenous peoples, the elderly, the youth and the medically ill. The policies need to have a grassroots level ground up approach rather than being set up for the benefit and protection of big businesses. The emphasis must be on environmentally and economically sustainable practices. The emphasis must also be on providing for the needs of the people of this country before considering the needs of the international community especially the developed nations. The developed nations now have a huge appetitie for cannabis due to the scarcity in their own countries. They also have global big businesses in place that are looking to move aggressively and secure cannabis produce for their own business needs. Hence the protection of the local Indian farmer and consumer is of key importance in the process of policy formulation. Emphasis must also be on the safety of consumers and cannabis produce must be quality checked by regulatory bodies such as FSSAI. These bodies can adopt the well defined standards of US test labs and regulators that now exist to ensure the quality of cannabis. Public education on the benefits and harms of cannabis must also form a key part of policy making especially youth and adult education on the excesses of overindulgence. Sufficient material exists in all these areas in places where legalization has taken place.

Phase 3 Commercial Implementation

Once the curbs have been removed, policies have been defined and regulations have been set in place, businesses should be encouraged to get involved in the cannabis industry. Industrial and medical research into cannabis must be promoted and start ups and other businesses involving cannabis must be set up to stimulate the Indian business, industrial and economic scenarios. The US is seeing a vibrant cannabis industry that integrates with the length and breadth of traditional businesses as well as the emrgence of a whole set of startups involving cannabis. International trade in cannabis, its related products and services as well as cannabis tourism can provide a valuable boost to the sluggish Indian economy as the world wakes up once again to the highs of the cannabis industry.

Monitoring and Evaluation

This should be a continuous part of all phases of solution implementation. Initial surveys and studies to guage public opinion as well as public feedback, consultation and evaluation of effectiveness of various policies and measures must be carried out periodically and continuously. Various parameters for monitoring and evaluation must be set up at the beginning. These should focus on achieving the vision laid out, the measures that need to be monitored and the outcomes that need to be achieved towards realizing the vision. At a minimum the outcomes and measures should contain social, economic, medical, legal, environmental and political outcomes and measures. These should form the basis for all policy formulation, monitoring and evaluation.

Communication and Education

Since the proposed solution involves a major social transformation and change to current systems, it needs to be accompanied by effective and widespread communication and education of all sections of society. The many decades of propaganda against cannabis, the elimination of information and literature regarding cannabis and the making of cannabis as a taboo in society has meant that there is widespread ignorance and misinformation regarding the plant and its consumers. This needs to now be corrected and scientific information needs to be dessiminated. Social mobilization through various social organizations, behavioral change communication and the usage of modern communication and education technologies like social media needs to be leveraged in addition to traditional channels of communication and education such as media. Education in schools needs to specifically focus on the implication of legalization within the overall context of drug related behavior among children and youth. Workplace safety, dangers of excessive behavior and implication of cannabis legalization should be a key part of communication and education related to cannabis legalization. Content for all these areas have been created and exist in places where cannabis has already been legalized especially in US States and Canada. We are lucky to be living in the era of internet, social media and smartphone based technologies so these can be great aids to rapid dessimination of accurage information and content. Governments at the national, state and local levels as well as social, medical, scientific and industrial bodies need to drive this communication and education about the plant, the evils of prohibition, the damage caused to the world as a result of it and the significance and benefits of cannabis legalization.

Strategic Priority Areas

Strategic priority areas that need to be given immediate attention are as follows:

Phase 1 which involves removing the curbs and restrictions as well as the changing of laws that are the main source of harassment to consumers and farmers as well as the basis for the continuing destruction of the plant and the misinformation in society. Part of this strategic priority area is the immediate assessment of the steps to be taken for changing cannabis laws, the implications of the same both in terms of national and international policies and the carrying out of these changes to laws without further delay so that consumers and small farmers can immediately benefit from the lifting of prohibition of the cannabis plant and the restoration of their fundamental right to freedom. This is also strategic priority as it will provide a boost to the protection and revival of the cannabis plant.
Monitoring and evaluation of the current state of cannabis in the country including extent of usage, nature of black market, extent of cultivation, varieties of cannabis that exists, status and condition of persons who are in prison or undergoing judicial trial because of cannabis, public opinion on cannabis and implications of removing prohibition is another strategic priority area. This is an ongoing activity but the initial exercise will help to understand where we currently stand and the progress that needs to be made.
Communication and education must start immediately in parallel with the above two strategic priority areas. Media, government, social, scientific, economic and medical bodies must start the process of re-education of society and the current curbs to the channels and literature of communication if they exist must be removed on priority. This is as strategically important as the above two areas.

Opposition and Hurdles to the Proposed Solution

Opposition

Opposition to the proposed solution of cannabis legalization are many and significant. The same forces that pushed for the prohibition of cannabis over the last few centuries still exist and in fact have become very powerful in the absence of cannabis. These forces and the hurdles that they pose to legalization must not be taken lightly. There must be sufficient awareness and will in society to overcome these forces. I will list some of them. This list is however not exhaustive. There are also many other subtle forces that operate in addition to the ones mentioned below.

Alcohol and Tobacco industries

Both these industries had a significant hand in the prohibition of cannabis in India. These industries that emerged in the west in the last few centuries were already powerful at the outset given that many wealthy businessmen and powerful politicians were deeply involved in and owned these industries. To provide a clear path for growth of these industries, all competition needed to be removed. Cannabis as an intoxicant and social recreational drug used by vast numbers of Indians proved to be a most potent threat to these growing industries in the past and poses a major threat to them even now as has been widely acknowledged by various sections of society. Cannabis was much more affordable in the past, widely cultivated and used for time immemorial in Indian society. Users ranged from the poorest persons to elite classes of society. For the poorest persons, the affordability of cannabis which could be easily grown at home with minimum processing was of great appeal. It had escaped the burdensome taxation processes of governments and was freely available. One of the first steps taken by the British government in the 18th and 19th centuries was to start taxing cannabis and curbing its cultivation. Specific steps were taken to completely eliminate home growing so that people were forced to go to the government run or approved retail outlets to procure their cannabis. In spite of repeated warnings from well known and experienced persons from the social, political and medical classes, attempts were made to tax cannabis so that its price became comparable to that of alcohol. Gradually people were forced and coerced to switch to alcohol even though it was widely acknowledged that alcohol posed a much greater threat to physical and mental health than cannabis as was evidenced in Europe. Tobacco too was encouraged and this new drug which the British discovered in the Americas was introduced in India. Powerful politicians had huge tobacco plantations and went on to set up the giant tobacco companies that straddle the world today. Through the lobbying and influence exerted by these powerful alcohol and tobacco industries cannabis was systematically phased out. Today it is said that a majority of Indians consume tobacco. Western liquor has also established itself firmly in Indian society and the liquor lobby is a powerful funder of all political parties. The opposition that they mount to cannabis legalization directly and indirectly through their mouthpieces forms a significant part of the negative perception towards cannabis in India. They are sure to do all they can to keep cannabis prohibited including lobbying India's lawmakers and policy makers.

The Pharmaceutical Industry

The once freely available generic universal medicine that cannabis represented, treating a wide range of ailments and forming a key part of Indian natural medicine, has now been replaced by the products of giant pharmaceutical companies. These companies have moved from generic plant based medicine to synthetic molecular medicine backed by billions of dollars of research and patents so that they can control the field of medicines. Where once a single plant that could be grown in one's garden to treat one's ailments was available, an individual today must spent thousands and even lakhs of rupees to procure a cocktail of drugs to address even a single ailment. The pharmaceutical industry, whose growth coincided with the decline of cannabis as medicine, actively lobbies the medical industry, influences medical research and contributes material to keep the negative perception of cannabis high among all classes of Indian society. This industry with vast influence, political clout and financial means is a key opposition to the legalization of cannabis in India.

Law Enforcement Agencies

This includes the excise department, police and prisons rely on cannabis statistics to vastly bloat their performance statistics. The cannabis statistics provide the necessary numbers that determine budget allocation for many of these entities. In the absence of cannabis related crimes and statistics, many of these agencies stand exposed as they would struggle to justify their budget allocation and resource requirements. These entities continue to link cannabis with crime in society and have been one of the key opponents to cannabis legalization. They contribute significant literature, influence media, social welfare organizations and public perception at large that cannabis is an evil responsible for high rates of crime in society contrary to the fact that it has almost no influence on crime as has been evidenced in leading scientific studies and societies where cannabis has been legalized for recreational use.

The Black Market

The black market for illegal drugs which currently also includes cannabis besides much more dangerous drugs like heroin and methamphetamine in addition to a plethora of existing and newly emerging chemical drug cocktails. The black market currently is worth lakhs of crores of rupees. It has the active participation of criminal networks and support of pharmaceutical industries and law enforcement. The huge amount of unaccounted money that flows into the coffers of these entities will be dealt a major blow if cannabis is legalized. Hence all these entities who ensure that the black market is thriving do their significant bit to ensure that cannabis remains prohibited and does not reach the common man.

Intolerant Sections of Society

Also sometimes also called conservative or orthodox sections of society. They generally hold a negative view against all intoxicants. They have no personal interest or experience in the consumption of intoxicants. They however work to build public consensus against intoxicants using misinformation often failing to address the root causes behind addiction. This is done in the name of improving the health of society even though there is no evidence that a society minus intoxicants is a better place than one in which intoxicants exist. In fact a society without intoxicants is either non-existant, more harmful due to the emergence of dangerous substitutes or extremely repressive as evidenced in places where attempts have been made to suppress intoxicants. Unfortunately these opponents of cannabis exist in every society and one of their major approaches to building a support base is their anti-intoxicant stance which is often directed at the poorer sections of society, minorities and perceived outsiders. These opponents can be easily swayed by any of the previously mentioned opponents to join in alliances supporting each other's cause. The negative propoganda against cannabis has deeply registered among intolerant sections of society who see the cannabis consumer as an easy target. Changing their perceptions is probably one of the not so easy tasks that lie ahead. The fact that consumption of cannabis is an integral part of an individual's right to freedom of personal choices and that excessive consumption is an exception rather than the rule needs to be emphasized with these opponents besides the greater harms that prohibition brings and its utter failure as a policy.

Hurdles

The above mentioned opponents to cannabis influence lawmakers and society at large creating the following myths that have contributed significantly to the negative perception against cannabis and its continuing prohibition.

The myths represent some of the key hurdles that need to be overcome:

Myth 1 - Cannabis legalization will increase usage among youth and the degradation of society.

This is a commonly heard and widespread argument that strikes at the heart of every parent and well wisher of society. Close examination of this myth will reveal that it is actually the prohibition of cannabis that forces youth to interact with the black market and procure cannabis often of a spurious quality. The black market actively targets youth as they are the most vulnerable and not only sells cannabis to them but does so with the more worrysome intent of hooking them onto more expensive, potent and dangerous chemical drugs so as to make large profits. The rest of society remains with little or no access to cannabis in the meantime, remaining oblivious of the dangers and actively fueling the myth through ignorance. It has been found in societies where cannabis has been legalized, legal age restrictions imposed on its procurement and drug education imparted in schools and colleges that youth cannabis usage rates as well as overall youth drug usage rates have actually started declining and not increasing as imagined.

Myth 2 – Cannabis is a key contributor to crime in society.

This myth, fueled and spread by many especially law enforcement, has been repeatedly found wanting in places where cannabis has been legalized. It has been found that the link between cannabis and increased crime in society is very weak. As far back as in the 19th century, the Indian Hemp Drugs Commission had arrived at this conclusion through detailed investigations and consultations with law enforcement agencies and society. As evidenced in US states where cannabis has been legalized for recreational use in the past few years, there has been no significant spike in crime where cannabis has been legalized.

Myth 3 – Cannabis causes insanity

This is a myth spread by social welfare organizations and health organizations formed by the above mentioned intolerant sections of society. Thorough investigation of the cases of insanity in India in the 19th century by the Hemp Commission revealed that the majority of cases of insanity attributed to cannabis were actually cases of pre-existing insanity in the individuals or wrongly diagnosed cases by unqualified persons such as law enforcement personnel with little or no qualifications to make a diagnosis of the mental health of an individual. This continues to happen everywhere as there is probably no argument that strikes more fear at the heart of society than that of an insane person fueled by cannabis indulging in rampant acts of violence, murder and rape. Our media has greatly contributed to this myth of reefer madness and continues to do so failing to differentiate sufficiently between different types of drugs, the nature of insanity and its causes.

Myth 4 – Cannabis causes addiction

When the Indian Hemp Commission investigated cannabis usage in India, it found that the cases of excessive usage of cannabis amounting to debilitating addiction were so few as compared to the moderate usage that it was almost negligible. Around 5% of cannabis users were classified as excessive. Even the criteria for classifying usage as moderate or excessive was not clearly defined, is subjective and still continues to be so. For persons with a negative perception of cannabis as is the case in the majority of society today, even a single use of the plant is sufficient to label a person as a highly addicted excessive drug user who needs immediate medical treatment. This has no doubt been fueled by drug rehabilitation centers as well who operate as profit making businesses in cohorts with the pharmaceutical and medical industry. The reality that a person addicted to cannabis usually has a constitution that makes him or her get addicted to various substances besides cannabis is conveniently overlooked as are the root causes of addiction such as childhood abuse, mental issues, social issues, trauma and other deep underlying causes which need to be addressed in society rather than wrongly attributing the causes of addiction to cannabis. Quite often the fact is completely missed that the absence of cannabis as a recreational drug in society is pushing these vulnerable persons to much more dangerous and addictive substances like alcohol, opiates and pharmaceutical medications that very quickly result in the person's social, economic, physical and mental breakdown and in most cases a rapid and painful death.

So some of the challenges that cannabis legalization faces are from the above mentioned opponents and the hurdles created by myths propogated in society possibly through these very same opponents and their supporters among ignorant sections of society.

Risks associated with Cannabis Legalization

Some percieved risks associated with cannabis legalization are mentioned below.

The risk that large numbers of youth will take to cannabis.

The strict enforcement of age restrictions so that only persons above 21 years of age can purchase cannabis as is the case with alcohol today should be a key mitigation mechanism. With legalization the reduction of the black market of cannabis targeting youth will reduce. In the current situation of cannabis prohibition deadlier legal drugs such as alcohol and tobacco and illegal drugs such as heroin, methamphetamine, novel psychotropic substances, abuse of prescription drugs pose a far greater threat to youth. Also youth who generally have an aversion to intoxicants are not likely to suddenly become addicted in large numbers. They may try it as a novelty but few are likely to become highly dependent on cannabis. As mentioned in the previous section, this risk can be mitigated through education and awareness as well as a reversal of the negative propaganda surrounding cannabis. As evidenced in legalized societies these measures have been sufficient to minimize the risk and actually reduce youth cannabis consumption rates.

The risk of impairment

Another risk that has often been repeatedly spoken about is that the usage of cannabis impairs a person's ability to operate vehicles and poses a health hazard. The way to mitigate this is the use of impairment based tests to reduce the likelihood of individuals operating vehicles, heavy machinery and performing hazardous tasks under the influence of cannabis. Having said that, the threat posed by cannabis in terms of impairment is not greater in these situations to that posed by alcohol, sedatives and dangerous chemical drugs which are widely available and actually currently used in the absence of cannabis, a potential harm reduction alternative.

The risk of social degradation

The risk of Indian society degrading and falling apart with the availability of cannabis is also frequently spoken about by those opposed to it. Considering that Indian society used cannabis for tens of thousands of years before prohibition and did not cease to exist should be sufficient evidence that this risk is highly unlikely to be realized. Also the fact that many of society's key thinkers, intellectuals and creative persons consume cannabis should also be evidence that its legalization will not lead to a moral, physical, mental and social breakdown of Indian society.

The risk of monopoly by big businesses

The risk of big businesses moving in to corner the cannabis market depriving Indian farmers especially the poorest farmers and Indian society at large is a very real risk. Already a number of multinational cannabis companies exist especially Canadian, Dutch and Isreali companies. These companies have entered or tried to enter into agreements with African and South American governments where they seek to corner the cannabis produce for export to North America and Europe where demand is high and produce is not locally available. The risk here is that the Indian small scale farmer and the poorer sections of society will not have access to cannabis which will be locally grown by these big businesses, processed and exported elsewhere. This will be a replay of what big businesses in the areas of alcohol, tobacco and pharmaceuticals have done. It is important that sufficient safeguards are put in place so that the Indian small scale farmer and the sections of Indian society that need and stand to benefit from the plant the most i.e. the poorest, the indigenous communities, the minorities, the aged and the medically ill will not be deprived of the plant.

Assumptions

Many of the facts and figures are based on the limited available material that the author has accessed. It is assumed that the sources of these figures are accurate. A more detailed study on similar lines by qualified persons and entities should reveal a more accurate picture of the facts and figures especially the costs and benefits associated with cannabis legalization. The proposed policy is based on the author's limited knowledge of economic policy and from sources such as the Indian Hemp Drug Commission conclusions and suggestions. It has also been drawn from the experience in various US states where cannabis has been legalized for recreational use as well as countries like Canada and Uruguay. A better formulated policy may be better suited for India especially from an economic structuring, revenues, pricing, taxation and returns perspective. The author however stands firmly on the point that the policy aspects regarding home growing by individuals and the restriction-free cultivation of cannabis by all farmers especially the poorest ones and those belonging to indigenous communities must be nonnegotiable fundamental aspects of the cannabis policy for India.

Concluding Remarks

In conclusion, it is important for us to correct a terrible historic wrong that has deprived large numbers of Indians of their fundamental rights to freedom of choosing their means of safe, healthy recreation and medicine and has forced them to take up, in its place, expensive and dangerous alternatives that has been made available to them by successive governments. It is also important to provide our farmers with an additional sustainable means of livelihood to bolster their failing crops. It is further important for Indian industry to explore the potential sustainable paths that cannabis holds promise to in the face of devastating climate change and environmental damage. Last but not least, it is time for us to acknowledge that a plant created by nature and so widely enjoyed by man, animals, birds and insects for millenia cannot be banned like as if it was one of man's foolish inventions. Banning nature is not an option as it essentially means banning ourselves from this world.

Who came up with this absurd idea of trying to ban a plant anyway??

References

Report of the Indian Hemp Drugs Commission, 1894-1895 - https://digital.nls.uk/74464868
New Frontier Data website - https://newfrontierdata.com/
NORML.org - https://norml.org/
National Crime Research Bureau statistics - http://ncrb.gov.in/StatPublications/PSI/Prison2017

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Draft Cannabis Policy for India 2019