India, Delhi High Court issues notice in a plea challenging the prohibition and criminalization of the use of cannabis in India

The Bar & Bench Reports ……The Delhi High Court today issued notice in a plea challenging the prohibition and criminalization of the use of cannabis in India. Notice was issued to the Central government by a Division Bench of Chief Justice DN Patel and Justice C Hari Shankar in a petition preferred by Great Legalisation Movement India Trust. The petitioner has challenged the constitutional validity of provisions of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) and the NDPS Rules which prohibit and criminalize the use of cannabis or industrial hemp and prescribe restrictions on activities related to it. The petitioner claims to be a registered trust which has been “at the forefront” of the movement to decriminalize the use of cannabis and raise awareness with respect to its medicinal, industrial, ecological, economic and other benefits. In its petition filed through Advocates Avinash K Sharma and Ashutosh Nagar, the petitioner organisation has clarified that it is not seeking to completely de-regulate the use of the drug. However, any regulation should be consistent with the requirement of “reasonable restriction”. The petitioner today also sought to distinguish its petition from an earlier plea on the similar issue which was dismissed by the Court. It was argued that while the latter plea sought a direction to…

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