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Soumyajit Sarkar   04 May 2021

Is prescribing cannabis products as a doctor legal in india?

Im a doctor and planning to join as a teleconsultant in a website that sells medical cannabis oil, based in India. I would have to provide prescripttions for valid patients coming to the website. From what internet tells me, medical cannabis products containing THC less than 0.3 percent are legal in India. They state they produce everything from hemp, which is legal, but they contain a few products with high thc percentage.

Can I face issues in future for working here? Thanks in advance.

 7 Replies

yasaswi gomes (.)     04 May 2021

Business is a legal entity. Yes, you can work as long as you are working for legal entity. 

Dr J C Vashista (Lawyer)     05 May 2021

Consult and engage a local prudent lawyer for appreciation of facts/ documents, professional advise and necessary proceeding.

G.L.N. Prasad (Retired employee.)     05 May 2021

File RTI Application and seek such information from the Indian Medical Association or Ministry of Health.

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     05 May 2021

Get information of Indian council rules, through R.T.I. as brother lawyer suggested above. In the US, the F.D.A. has approved two oral cannobinoids for use as medicine, dronabinol and nabilone. Dronabinol, sysnthetic. THC , is listed as schedule II Nabilone, a synthetic cannabinoid is also  schedule II, indicating high potential for side effects and addiction. 

Pradipta Nath (Advocate)     05 May 2021

Better to go for RTI.

T. Kalaiselvan, Advocate (Advocate)     05 May 2021

Since cannabis is banned in India, they have no medical marijuana program. However, they have permitted potential steps towards legal cannabis medicine. In the summer of 2017, Maneka Gandhi, India's Minister for Women and Child Development voiced her support for legal medical marijuana.

A week later, the Indian government issued the first-ever medical cannabis cultivation license. The permit went to the Council of Scientific and Industrial Research, who intended to collaborate with The Bombay Hemp Company.

Dr Hassan, who is a member of the Society of Cannabis Clinicians, a global non-profit alliance of healthcare professionals promoting research and awareness of medical cannabis, states;

Cannabinoid drugs, which use extracts of cannabis leaves (referred to as the Vijaya leaf in Ayurveda) and other parts of the cannabis plant, can be sold in India with a licence under a host of legal instruments such as the Narcotic Drugs and Psychotropic Substances (NDPS) Act, and the Drugs and Cosmetics Act, 1940. Not all cannabis products are hallucinogenic or psychoactive, nor is their consumption a crime. Yet, in the wake of the recent controversies over “drug use" following investigations into the death of actor Sushant Singh Rajput, CBD oil and other patented medications which contain extracts from the cannabis plant have also come under increased scrutiny, along with a flood of misinformation, misunderstanding and baffling demonization.

Dr Hassan, who consults with several such companies, including Vedi Herbals, does not believe the bad press around cannabis will impact the sale and use of CBD and other products containing medical cannabis extracts in India. “I might have got one or two calls from patients asking if it was okay to use CBD oil after this whole media controversy began but I am not worried about the future of these medications. Their popularity is spreading by word of mouth and their efficacy is not in doubt by anyone who has used and benefited from them," says Dr Hassan, citing the example of patients who have been able to reduce their dependence on pain medication, which can be habit-forming and harm the liver and kidneys, after using medicines containing cannabis extracts.

There is an urgent need to differentiate between recreational drugs containing high amounts of THC, and CBD products, says Jahan Peston Jamas, co-founder and director (strategy & collaborations), at Boheco. “We need a constructive discussion around CBD, THC and other cannabinoids rather than this hysteria, and thankfully, medical cannabis is getting a lot of legitimacy from the political and medical fraternity," says Jamas.

Now the ball is in your court to decide about continuing with your online prescripttion in this regard.

yasaswi gomes (.)     23 September 2021

Yes doctors give medical or recreational marijuana. It legal. Or else drink beer and whisky and eat meat.

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