Bhang in India: Legal but Not Unrestricted

The Cultural and Legal Paradox of Bhang

Bhang, a traditional cannabis-based preparation, occupies a unique space in India’s cultural and legal landscape. While cannabis remains largely prohibited under the Narcotic Drugs and Psychotropic Substances (NDPS) Act of 1985, bhang enjoys a legal status in many parts of the country. This paradox reflects India’s deep-rooted historical and religious connections to cannabis, even as modern drug policies clash with tradition.

Historical and Religious Significance

Bhang has been consumed in India for centuries, often linked to Hindu rituals and festivals like Holi and Maha Shivaratri. Lord Shiva, one of the principal deities in Hinduism, is frequently depicted consuming cannabis, reinforcing its sacred status. During Holi, bhang-laced thandai (a milk-based drink) is a popular indulgence, symbolizing joy and spiritual liberation.

Despite its cultural acceptance, bhang’s legal status is a gray area. The NDPS Act criminalizes cannabis resin (charas) and flowers (ganja), but leaves room for states to regulate the use of leaves and seeds—the primary ingredients in bhang.

The Legal Framework: A Patchwork of Regulations

India’s federal structure allows states to set their own rules regarding bhang. Uttar Pradesh, Rajasthan, and Madhya Pradesh, for instance, have government-run shops where bhang is sold legally. In contrast, states like Gujarat and Assam impose stricter controls, reflecting regional disparities in enforcement.

The Global Context: Cannabis Legalization Trends

As countries like Canada, Uruguay, and parts of the U.S. move toward full cannabis legalization, India’s stance on bhang raises questions. Why does a substance with psychoactive properties remain legal in some forms while others face harsh penalties? The answer lies in the distinction between "natural" cannabis (like bhang) and processed forms (like hashish or edibles), which are viewed as more potent and socially disruptive.

Critics argue that this distinction is arbitrary. A 2019 study by the All India Institute of Medical Sciences (AIIMS) found that bhang consumption can lead to dependency, yet its cultural insulation shields it from the scrutiny faced by other cannabis products.

The Socioeconomic Impact of Bhang

Tourism and the Bhang Economy

In cities like Varanasi and Pushkar, bhang is a tourist attraction. Foreign visitors often seek out government-approved bhang shops, curious about its legal status and cultural significance. This has created a niche economy, with vendors and local businesses capitalizing on its novelty.

However, the lack of standardized regulations means quality control is inconsistent. Unlike legal cannabis markets in the West, where products are lab-tested, bhang sold in India is often unregulated, raising concerns about adulteration and unsafe consumption practices.

The Double Standard in Enforcement

While bhang is tolerated, marginalized communities face disproportionate policing for cannabis-related offenses. Data from the National Crime Records Bureau (NCRB) shows that lower-income individuals are more likely to be arrested for possession of charas or ganja, highlighting a class bias in drug enforcement.

Activists argue that India’s drug laws perpetuate inequality. A 2021 report by the Vidhi Centre for Legal Policy called for decriminalizing all forms of cannabis, citing racial and economic disparities in arrests. Yet, political resistance remains strong, partly due to international drug treaties and conservative attitudes.

The Health Debate: Is Bhang Really Safer?

Proponents of bhang argue that its traditional preparation—ground cannabis leaves mixed with milk and spices—dilutes its psychoactive effects. However, medical professionals warn that excessive consumption can impair cognitive function, especially among young adults.

The Rise of Cannabis Advocacy

Organizations like the Great Legalisation Movement India are pushing for broader cannabis reform, citing its medicinal potential. In 2020, the Indian government approved limited cultivation of cannabis for research and industrial use, signaling a possible shift in policy.

Still, the stigma around recreational use persists. While bhang escapes much of this stigma, its legal ambiguity leaves consumers in a precarious position.

The Future of Bhang in India

As global attitudes toward cannabis evolve, India faces a choice: Will it modernize its drug policies to reflect scientific evidence, or will it cling to outdated distinctions? The answer could redefine bhang’s place in society—from a legally ambiguous tradition to a regulated, accepted commodity.

For now, bhang remains a fascinating case study in how culture, law, and politics intersect. Its legal but restricted status mirrors India’s broader struggle to balance tradition with progress.