Licence required to make and market food items made from bhang

Hi sir,

There are a few points which need to be considered.

There is a difference between consumption and (produce, manufacture, possess, sell, purchase, transport, warehouse, use, consume, import inter-State, export inter-State, import into India, export from India or tranship) which comes under prohibited acts under section 8 of the Act. Under the Act, the government has all the rights to control and regulate the activities related to cannabis and narcotic drugs which are only for medicinal, scientific, or for horticultural purposes.

However, The National Policy on Narcotics and Psychotropic Substances acknowledges this fact and goes on to mention that the ‘production and sale of Bhang is permitted by many State Governments’

Quoting para 21 of the Policy ‘Bhang is a preparation made from cannabis leaves consumed in parts of India on some festivals. As it is not made from cannabis resin or from flowering tops, it is not covered under the NDPS Act, 1985. Production and sale of Bhang is permitted by many State Governments. Whoever is so licensed to produce Bhang shall be allowed to produce it from the leaves of the wildly grown cannabis plants only. They shall not use the flowering tops or the resin produced from the plants. If anyone is found mixing with Bhang any part of flowering tops or the resin produced from the cannabis plants, he shall be punishable under relevant provisions of the NDPS Act, 1985 and if he happens to be a licensee, his license shall also be cancelled.’

There are a few states in India like Uttarakhand where the state government has legalized to grow Cannabis in certain districts of the state. The cultivation is allowed only in farmers registered with government departments for the growth of cannabis and the the purpose will be for Hemp production and the plants grown should be low on THC content.

The Uttar Pradesh cabinet also gave the green signal for bhang or hemp farming in the state. The cultivation will be for medicinal and industrial purposes only and would be kept under strict vigil considering the intoxicating nature of the plant. 

It is pertinent to note that the licenses can only be granted for medicinal, scientific or horticultural purposes only.

As far as passing the law is concerned, it is only in the hands of the Indian Legislature to do so and improvise on the anomalies of the NDPS Act relating to Bhang.

 

Hope I was able to solve your query

Regards
Nihal Thareja

 

 

Thanks for your reply. As I understand that uttarpradesh and Uttarakhand government has given green signal for farming of hemp used for.industrial purpose, that means I can set up.an industry to produce hemp based food consumption products.with just an approval by FDA. Only license is required for that..Should I take your word on this. Is there any law stated by the narion that will prohibit me to sell the products online or.exports to any other nation except the one, a prerequisite to do the export .

Hi sir,

There is no mention of getting an allowance or license for setting up an industry for the purposes of manufacturing hemp based food products. Further the complete NDP Act is the law which will prohibit you from doing that as your purpose of growing bhang does not fall under medicinal, scientific nor horticultural purposes.

You can also have a look at the prohibitions and punishments under this link to an earlier forum :- 

https://www.lawyersclubindia.com/forum/details.asp?mod_id=210290&offset=1

Regards
Nihal

The proposed activity is not a benign item of trade or commerce. You may contact the District Industries Centre and ascertain whether such an activity is permissible under the extant legal provisions and if so the permission/licence required and and the procedures thereto.

Thanks Nikhil, Its clear that setting up an food industry for the production of bhang based products doesn't require any license. There is so such law in india which will disallow to sell it to the consumers. Can you please help me to understand if I don't need any approval to sell it, then consumer would be soley responsible for the consequences, if they over eat the product and get too high. The product will have clear instructions mentioned in the packets regarding the quantity which needs to be eaten by the consumers,so they is no cache or trap where I will be responsible for it.

Hello sir,

No,there seem to be no provisions whatsoever under the law or licensing that will allow you to set up an industry or carry on any commericial activity. As i have mentioned earlier, consumption is distinct from commercial activities. 

The production or manufacturing would only be allowed with appropriate permissions and grants if they fall under the ambit of  medicinal, scientific or horticultural purposes that too with reasonable amount of government regulations as provided under NDPS Act. 

Regards
Nihal

 

Thanks.I got the answer.