Court Refrains from Ruling on Cannabis Legalisation, Urges Union Government to Conduct Comprehensive Stakeholder Consultation
In a significant development, the Delhi High Court has directed the Union of India to undertake a comprehensive review of the provisions related to cannabis regulation under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985. The court, comprising Justices Prathiba M. Singh and Madhu Jain, while hearing the petition filed by Great Legalisation Movement India Trust, refrained from adjudicating the constitutional validity of these provisions, citing the need for policy considerations.
The petitioner challenged the constitutional validity of multiple sections of the NDPS Act and its rules, which criminalise and regulate the use of cannabis. The Trust, advocating for the decriminalisation of cannabis, argued that the current legal framework imposes unreasonable restrictions and fails to consider the medicinal and economic benefits of cannabis. The petition included references to various international conventions and expert reports supporting their stance.
The Union of India, defending the existing provisions, emphasized the distinction made under the NDPS Act regarding different parts of the cannabis plant and highlighted the existing provisions allowing its use for medicinal and scientific purposes. The government contended that the regulations align with international treaties and are necessary to prevent misuse and illegal trafficking.
Acknowledging the complexity and socio-economic implications of the issue, the High Court directed the Union Government to conduct a stakeholder consultation involving various ministries, healthcare professionals, researchers, and relevant organisations. The court appointed the Director of the Narcotics Control Bureau as the nodal officer to facilitate this process. The consultation is to be concluded, and a decision taken within six months, allowing for a possible policy shift.
This directive opens the door for a potential re-evaluation of cannabis regulation in India, considering global trends and the evolving understanding of cannabis' medicinal properties. The court's decision not to adjudicate on the matter underscores the judiciary's deference to the executive's role in policy formulation.
Bottom Line:
Petition challenging the constitutional validity of several provisions of the NDPS Act, 1985 and NDPS Rules, 1985 concerning the prohibition and regulation of cannabis usage. The Court held that the issue involves policy considerations and directed the Union of India to conduct stakeholder consultations and review the provisions.
Statutory provision(s): Narcotic Drugs and Psychotropic Substances Act, 1985 Sections 8, 9, 10, 14, 20, 21, 22, 23, 24, 25, 27-31a, 37, 38, 40, 44, 46, 47, 48, 54, 60; NDPS Rules, 1985 Rules 52a, 53, 58, 60; Articles 14, 19, 21, 25, 29 of the Constitution of India.
Great Legalisation Movement India Trust v. Union of India, (Delhi)(DB) : Law Finder Doc id # 2849634
