The debate over cannabis legalisation in India, long confined to activists, doctors and policymakers, may be approaching an inflection point. Nearly five months after the Delhi High Court asked the Union government to undertake a comprehensive review of India’s cannabis laws, the Centre is now approaching the deadline set by the court to decide whether the country’s stringent legal framework needs dilution.
In a significant order delivered on January 23, a bench of the Delhi High Court, comprising Justices Prathiba M. Singh and Madhu Jain, stopped short of ruling on the legality of cannabis but directed the Union government to conduct stakeholder consultations and examine whether provisions of the Narcotic Drugs and Psychotro relaxation and, if so, for what purposes. The court also directed that a policy decision be taken within six months, making July 2026 the effective deadline, unless the Centre seeks an extension.
The case was filed by the Great Legalisation Movement India Trust, which argued that cannabis should be decriminalised and that global developments, scientific evidence and traditional Indian medicinal practices warranted a fresh look at the law. The Union government, while defending the NDPS framework, acknowledged before the court that India does not impose a complete ban on cannabis and already permits its use for medical, scientific, industrial and horticultural purposes under regulated conditions.
The court directed the Centre to undertake a stakeholder consultation and review whether there is a need for “dilution” of the NDPS provisions concerning cannabis. It also designated the director general of the Narcotics Control Bureau (NCB) as the nodal officer to coordinate consultations involving ministries, doctors, oncologists, palliative-care specialists, researchers and civil society groups.
The timing is significant because cannabis remains one of the most widely consumed and trafficked narcotic substances in India. Government submissions before the court cited national survey data showing that around 31 million Indians—about 2.8 per cent of the population—had consumed a cannabis product during the previous year. About one in 11 users was estimated to be dependent on cannabis.
Enforcement agencies have simultaneously reported large seizures. The NCB, state police forces and customs authorities routinely intercept consignments of ganja transported from cultivation belts in eastern and southern India to urban markets. Over the past decade, cannabis has consistently figured among the largest-volume narcotic seizures, often accounting for far greater quantities than heroin or cocaine because of its widespread cultivation and domestic demand.
The major ross parts of Odisha and Andhra Pradesh, particularly the hilly Agency areas along the Eastern Ghats. Significant illegal cultivation has also been detected periodically in parts of Telangana, Chhattisgarh, Maharashtra, Himachal Pradesh and Jammu and Kashmir. Smuggling networks increasingly use courier services, interstate transport routes and social-media-based delivery models to move the drug into metropolitan centres.
One reason the case has attracted attention is that India’s legal position is often misunderstood. The NDPS Act criminalises charas and ganja but permits regulated cultivation for medical and scientific purposes. State governments can also regulate cultivation and use under specific provisions of the law. Section 14 further allows cultivation for industrial purposes such as fibre and seed production and for horticultural uses. The Centre informed the court that there is therefore no absolute prohibition on cannabis in India. Uttarakhand has already permitted industrial hemp cultivation while Madhya Pradesh has announced plans to allow cultivation for medicinal and industrial purposes.
The government also pointed out that bhang, an edible preparation associated with several cultural and religious traditions, is not covered under the NDPS Act and remains regulated by individual states. In Rajasthan, it is sold through licenced vends, just like liquor.
This distinction between different parts of the cannabis plant and different forms of use is one reason policymakers may find themselves under pressure to revisit a framework that was largely designed in the 1980s.
The Delhi High Court order comes amidst a global shift in cannabis regulation. Over the last decade, dozens of countries have loosened restrictions. Canada legalised recreational cannabis nationwide in 2018. Germany moved towards legalised personal possession and non-commercial cultivation in 2024. Several European countries now permit medical cannabis programmes. In the United States, although federal law still classifies marijuana as an illegal substance, a large majority of states permit medical use and many allow recreational consumption.
At the international level, attitudes have also evolved. The World Health Organization’s Expert Committee on Drug Dependence recommended changes in the scope of control of cannabis-related substances, a development noted in the government’s submissions before the high court. That does not mean the debate is settled. Governments that have legalised cannabis continue to wrestle with concerns over youth access, impaired driving, addiction and diversion into illegal markets. The Indian government highlighted these risks before the court, citing concerns that poorly regulated medical cannabis programmes could facilitate non-medical consumption.
With the six-month deadline nearing, the Centre may soon have to make clear whether it intends to maintain the status quo, propose limited reforms for medical and industrial use or begin a broader conversation on cannabis policy. Whatever the outcome, the Delhi High Court has ensured that the question can no longer be ignored.
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