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is cbd oil legal in india

Legality of use of CBD Oil in India, and why NDPS Act does not apply to it

Recreational use of Cannabis (Ganja) and its resin (Charas or Hashish) was outlawed in India in 1985 by the Narcotic Drugs and Psychotropic Substances Act, 1985 (“NDPS Act”). The NDPS Act itself was the result of India’s commitment under the Single Convention on Narcotic Drugs, 1961 (“Single Convention”). Interestingly, neither the NDPS Act nor the Single Convention outlawed the medical use of cannabis. Nevertheless, medical use of cannabis is almost non-existent in India.

The ground reality is that most State Governments in India are reluctant to issue a license to cultivate and grow cannabis, even though the NDPS Act empowers them to do so. Therefore, almost all cannabis that manufacturers of cannabis-based medicines have access to grows in the wild. Because the cannabis plant grows in the wild with little to no human intervention, there is very little scope for quality control and standardization of the cannabis, which is essential to manufacture a cannabis-based medicine. This poses a big challenge for manufacturers and discourages them from manufacturing cannabis-based medicines at a meaningful scale.

The NDPS Act, however, does not apply to the leaves and seeds of cannabis plant when they are separated from the flowering or fruiting tops of the plant, which are its most intoxicating parts. This is why Bhang (cannabis plant leaf) is sold freely in most States in India, subject of course to Excise Control, since it is still an intoxicant.

As the leaves of cannabis plant are relatively easy to access, there is massive potential for its use in medicine. One of the key chemicals (or cannabinoids) present in cannabis, including in its leaves, is CBD or Cannabidiol. CBD possesses medicinal properties, but not narcotic properties. The World Health Organization (WHO) itself has recommended its exclusion from Single Convention because it “does not have psychoactive properties and has no potential for abuse and no potential to produce dependence.

Most CBD Oils sold in India (including over internet) are in fact made out of full-spectrum extracts of the leaves of the cannabis plant, meaning they contain all the cannabinoids, including CBD, that are present in the leaves. Since the leaves of cannabis plant are not considered to be a narcotic drug, CBD Oil made out of extract of the leaves should also not be treated as narcotic drug. In other words, consumption of CBD Oil manufactured from leaves of the cannabis plant should not attract provisions of the NDPS Act.

In fact, CBD Oil manufactured under a license issued under the Drugs and Cosmetics Act, 1940 may be legitimately used by individuals for medical purposes in India.

It is easy to confuse CBD oil with cannabis or hash oil, but the two are vastly different, both in terms of pharmacology and legal treatment: cannabis or hash oil, unlike CBD oil, is 100% narcotic and is subject to strict monitoring and control in India as per provisions of NDPS Act. Its consumption may also attract provisions of NDPS Act and may result in imprisonment.

Legality of use of CBD Oil in India, and why NDPS Act does not apply to it Recreational use of Cannabis (Ganja) and its resin (Charas or Hashish) was outlawed in India in 1985 by the Narcotic

Explained: What is CBD oil? What are the legalities of its use in India?

CBD oil is an extract from the cannabis plant. The two main active substances in it are cannabidiol or CBD and delta-9 tetrahydrocannabinol, or THC.

Earlier this week, late actor Irrfan Khan’s wife Sutapa Sikdar made an appeal to legalise CBD oil in India. Her appeal followed the criticism of actor Rhea Chakrabaorty after it was reported that she had administered CBD oil, used as a pain reliever for some, to Sushant Singh Rajput when he was alive. What is CBD oil? What are its effects? Is its use and consumption legal in India?

What is CBD oil?

CBD oil is an extract from the cannabis plant. The two main active substances in it are cannabidiol or CBD and delta-9 tetrahydrocannabinol, or THC. The high that is caused by the consumption of cannabis is due to THC. CBD, however, does not cause a “high” or any form of intoxication. CBD oil is made by extracting CBD from the cannabis plant, then diluting it with a carrier oil like coconut or hemp seed oil.

What are the effects of Cannabidiol?

Cannabidiol has effects on the brain, preventing the breakdown of a chemical that aggravates pain and affects mood, and mental function. It can reduce pain and anxiety. It also reduces psychotic symptoms associated with conditions such as schizophrenia as well as epilepsy.

How is CBD oil used?

CBD is extracted from marijuana plants as either an oil or powder. These can be mixed into creams or gels. They can be put into capsules and taken orally, or rubbed on your skin. All topicals (cannabis-infused products) should be applied directly to the site of inflammation or pain to work in a specific area.

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Is CBD oil helpful in the treatment of cancer?

There is not enough robust scientific evidence to prove that CBD oil can safely and effectively treat cancer. A study from the European Journal of Pain showed that CBD applied on the skin could help lower pain and inflammation due to arthritis. CBD inhibits inflammatory and neuropathic pain associated with cancer. Studies have long shown that people who took marijuana extracts in clinical trials tended to need less pain medicine. The US-based National Cancer Institute says that CBD may help alleviate side-effects of cancer treatment.

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Is CBD oil legal in India?

The Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) outlaws the recreational use of cannabis. The NDPS Act, however, does not apply to the leaves and seeds of cannabis plants. In case the CBD is extracted from the leaves of the cannabis, then technically it is not illegal. CBD oil manufactured under a licence issued by the Drugs and Cosmetics Act, 1940 can be legally used. However, the use of cannabis as a medicine is not much prevalent in India. The recent controversy about the use of drugs in Bollywood has further stigmatised the usage of CBD.

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CBD oil is an extract from the cannabis plant. The two main active substances in it are cannabidiol or CBD and delta-9 tetrahydrocannabinol, or THC.