LEGALIZATION OF MARIJUANA: NEED AND CHALLENGES
Author: Pranshutosh kumar, II year of B.A.,LL.B.(Hons.) from University of Petroleum and Energy Studies.
Over the years, there have been many debates and several discussions on whether there should be the legalization of Cannabis in all over the world. It has been become a subjective issue of many states. Different countries has its own opinion on the use necessitating its legalism, all these opinion raises the question about the status of cannabis. Slicing through party lines, education, gender and race, people of different countries started raising their voice in favour of legalization of Marijuana. And some are also in opinion to remove the idea of legalization from the society. That’s why this concept has become and becoming most controversial and debating topic.
Marijuana and its legal status in India
Cannabis is a herbal drug. It has the elements of cannabinoids including delta-9 tetrahydrocannabinol [THC] and cannabidiol [CBD]. The derived leaves, flowers, steam and seeds of the cannabis sativa or cannabis Indica plant are referred to as Marijuana. THC, as well as other mind- altering chemical are found in the plant. Cannabis extracts can also be created. Don’t be perplexed hemp with cannabis. Hemp contains and made up of very small quantity of THC, which is less than 0.3% according to the legal standards. Hemp and cannabis are made up of cannabinoids like, CBD, cannabidgeral [CBG], cannabidivarin [CBVD] and many more. Cannabis is banned under federal law in the United Nation. It is a schedule 1 restricted drug. However, several states have allowed decriminalized recreational usage.
The status of Marijuana in India as per the legal basis is covered under the Narcotic Drug and Psychotropic Substance Act, 1955,Cannabis is found in various forms like charas, ganja,has hish bhang etc. All these forms are banned and keeping these are deemed to be unlawful. Narcotic Drug and Psychotropic Substance Act [ NDPS Act], 1985. It covered cannabis along with other present narcotic and psychotropic substances.
NDPS Act 1955, define cannabis in section 2[iii], which says that cannabis (hemp) means
A. Charas, that is, the separated resin, in whatever form, whether crude or purified, obtained from the cannabis plant and also includes concentrated preparation and resin known as hashish oil or liquid hashish;
B. Ganja, that is, the flowering or fruiting tops of the cannabis plant (excluding the seeds and leaves when not accompanied by the tops), by whatever name they may be known or designated; and
C. Any mixture, with or without any neutral material, of any of the above forms of cannabis or any drink prepared therefrom;
But bhang is not confine in this act because it is only treated or suppose as a preparation of cannabis. The National Policy on Narcotics and Psychotropic Substances notes this reality and continues by saying that the-‘production and sale of Bhang is permitted by many State Governments’.
Arguments in Favor of Legalizing Marijuana
The intended Medical Welfare of Marijuana turn out be peruse by different scientific researchers and their research are resulted absolute by many studies. Study says that marijuana helps in relieve pain, nausea and muscle spam. Many people who are treated by the help of Marijuana believed that it gives faster result and also be of the opinion that it is one of the best treatment of there medical conditions.
Medical cannabis is commonly used to treat insomnia, anorexia and autism and is also linked to cancer treatment such as chemotherapy. Legalized cannabis can also be used to treat anorexia. The direct benefitsof medical cannabis are evident in the regulation of emotions and moods. Marijuana has been proved to have minimal side effect when used in strictly regulated amounts.Colorado and Washington are the two states were the first time marijuana was legalized in 2012. Marijuana legalization is additionally anticipated to spice up the country economic process.
Some happened in Colorado and Washington where the economy benefited by legalized Marijuana are often towering $300 a year. State government also covered retain large amount of taxes if they try to legalize the Marijuana. State government also lay out plenty of cash on enforcement departments liable for maintaining marijuana related laws. Numerous people are investigated and apprehend on annual basis for use and possession of marijuana and government also spent lot of money to stay them in prison. So that money can also be save and used as a welfare for the people.
Reasons against legalizing marijuana
By understanding recent political and social realities, legalization of Marijuana is not a right step for any country.There has been a shift in the cultural attitudes towards the use of marijuana for medical and recreational use. As marijuana is legalized, extreme and growing literature has been documented indicating its potential have hostile and favourable on individual and public health. The term Medical Marijuana means Marijuana is some as other drug which is determine by a doctor but the medical marijuana is ratified and released to the large public is totally dissimilar from other over- the- counter presciption drugs. There the problem which is not recognized by the general public and many doctors.
Medical use of Marijuana- Marijuana is the only medication which is smoked, at some times as nevertheless incompletely understood there are valid worries approximately for long time period results of marijuana smoked the lungs compared with the cigarette smoke. Marijuana smoke can bring about three instance the quantity of inhaled for and four instances the quantity ofinhaled carbon-monoxide. It is proven to be danger thing for lungs because it causes cancer.
High potential for diversion- There are some states has permitted patients to grow marijuana. So by looking this facts there is a high chance of drug diversion. There may be also a problem that is in the hide of good utilization patients can grow large amount of marijuana and sell them at low price in comparison to dispensaries.
Myth potential for diversion- There are many people who believe that consumption of marijuana is not addictive. Data demonstrates unequivocally that 10% of cannabis userdevelopsaddiction, the proportion is higher among teens. On average marijuana user who seek addiction treatment have used the drug regularly for ten year. There is a withdrawal syndrome that has been identified, which can impact up to 44% of frequent uses and includes symptoms like anxiety, rest lessness, insannia, depression and changes in appetite. This condition has been linked to the drugs propensity for addiction.
Marijuana also impact Schizophrenia and other psychotic disorders, cognition effect, decrease the level of respiratory system, effect on driving which has the social safety implication. The detrimental effect of marijuana on the brain in long term use of marijuana can cause memoryloss. It complicated one’s sense of balance by corrupting the cerebellum. There are high chances of depression from heavy regular doses of marijuana.
The use of Marijuana in now very common in clinical practice in many states and it is critical for health cause provides to understood both the scientific rationale and the physical marijuana has been at time controversial issue, metal health provides a responsibility to provide evidence based guidance on this important issues. It can be difficult from one people to take a side in the fight over legalizing marijuana. Both points of view are supported by credible evidences and arguments. Although advocates for legalization claim that marijuana usage has health benefits, there are other medical therapies for the some ailments this making it legal for anybody to consume it isn’t a compelling enough justification.
Sevaram v. State Of Rajasthan, (1992) 2 RLW 460. Arjun Singh vs State Of Haryana,(2004) 4 RCR (Cri) 506. Madhukar S/O PandurangKanthalevs The State Of Maharashtra, Summons, (2002) 104 (2) Bom LR 908