The genetically modified hemp will possess only .3 to 1 percent potency. Which means the psychoactive effect of the drug will be absent.  Apparently, these plants will be of no use to the drug users.

Shimla: These days, the debate over legalizing the cultivation of cannabis plants (hemp)in Himachal Pradesh has brought the attention of the people to the treasure nature has endowed them with – cannabis. Not because it gets you high but for the potential of revolutionizing the economy of the State, which is currently dependent mainly on apple production.

Don’t think this advocacy of cannabis legalisation is our own. All these facts are given in support of legalization in a petition filed by advocate Deven Khanna in the High Court of Himachal Pradesh. Mr. Shrawan Dogra is also the advocate for the petitioner.

A bench of Acting Chief Justice Sanjay Karol and Justice Ajay Mohan Goel have also asked the State and Centre government to provide its response within four weeks.

What made us highlight the debate is that the petitioner has given a number of authentic references including medical journals, both national and international authoritative publications, government websites, judgments and various other articles and reports.

Further, there is already a provision to permit cultivation of industrial hemp.

Referring to the Narcotics and Psychotropic Substances Act, 1985, the petitioner argues that the Indian law permits the mass cultivation of hemp for horticultural and industrial use. However, it was the government that has failed to avail it for the socio-economic growth of the farming community.

The Section 10 of the said Act bestows the state governments the power to decide the limits within which licenses can granted for its cultivation. Unfortunately, Himachal never used the provision, and did not formulate any regulation or rules to facilitate the medical or industrial use of the plant,

the petitioner Deshinder Khanna told Himachal Watcher.

The petition argues that the hemp grows in almost every part of the Hill State without any care that the other crops require. It does not even ask for much water. Hemp is a water-intensive crop as it requires 400 times less water than other crops and requires almost negligible herbicides, pesticides, manure, and protection from wild animals.

It offers a plethora of benefits. If it begins to grow on a part of the land, then you don’t have to take the pain to plough the field before sowing seeds. It grows rapidly as compared to other crops.

The commercial potential of hemp is unmatchable. If sold to industry, it can produce over 25,000 end products including health foods, organic body care, clothing, construction materials, biofuels, plastic composites and so on.

It offers 2/3 times more fibre than a crop of cotton. Fabric from hemp fibre is better than cotton and has eight times the tensile strength of cotton.

From the perspective of medical use, if sold to the medical and neurological research institutes, they can study and use it against fatal diseases like cancer and HIV/AIDS.

Medical marijuana treatment has become popular and accepted over the last few years in Israel, with about 15,000 registered users and 50 more approved each week.

Take a Look at List of Medical Benefits of Marijuana

Hemp can save trees

Have you heard of Hemp Paper? Hemp cultivation can save lots of trees that we fell to manufacture paper. For instance, it can produce the same amount of paper in just one acre, which currently takes the sacrifice of trees in 2 to 4 acres of land.

Environmental Benefits

The present policy of burning the cannabis plant not only causes environmental pollution but also causes a great loss to the biodiversity and the eco-system. The plant has a great capacity to maintain the richness of the soil cover.

How cannabis helps fight cancer

As per the appeal made in the petition,  BioChemist Dennis Hill research reads

“In every cell, there is a family of interconvertible sphingolipids that specifically manage the life and death of that cell. This profile of factors is called the “Sphingolipid Rheostat.” If endogenous ceramide (a signalling metabolite of sphingosine-1-phosphate) is high, then cell death (apoptosis) is imminent. If ceramide is low, the cell is strong in its vitality.Very simply, when THC connects to the CB1 or CB2 cannabinoid receptor site on the cancer cell, it causes an increase in ceramide synthesis which drives cell death” 

Can End Himachal’s War on Drugs

The State’s ‘war on drugs’ can also be ended by legalizing medical and industrial marijuana, the petitioner claims.

By keeping medical and industrial uses of Marijuana prohibited, the State has only allowed drug mafia to develop a parallel black economy and they are targeting children first. 

All that the government would have to do is to procure genetically modified species of cannabis which have far less content of the Tetra hydro cannabinol (THC) – content in the plant responsible for its psychotropic effect on smoking and providing such modified seeds to the farmers.  As compared to currently found marijuana which as a potency of 4 to 5 percent, the genetically modified hemp will possess only .3 to 1 percent potency. Which means the psychoactive effect of the drug will be absent.  

Apparently, these plants will be of no use to the drug users.

This way, the government can take control of the plant from the drug mafia and give it to our scientists, doctors, textile manufacturers and other relevant industries, said the petition.

The Commercial Potential

As per the well-researched petition, allowing regulated cultivation of hemp can lead to rapid economic growth and reduce unemployment in the rural areas.

The hemp has a potential to add more to State’s exchequer (as tax money) and substitute apple as the major cash crop. Legalization of medical and industrial use of Marijuana would make the state more progressive, reduce expenditure, said the petition.

With proper regulation, sensitization and awareness, the hemp cultivation can be used for industrial economic growth. It will lead to a rise in the growth of GDP.

Imposing a tax on selling of marijuana will anyway help in keeping a control over its production, and it would be a help to the State economy.

The petitioner said that according to the central government’s Ministry of Textiles, internationally, hemp production is estimated to be around 0.1 million tonnes annually.

Allowing Indian farmers to cultivate hemp will give them a stake in the $1.5 trillion hemp industry currently dominated by China, France and Germany.

Regularising the plant could create an industrial hemp textile market in India that could be valued at an estimated Rs 240 million.

The petition said such Marijuana in Netherland contributes about $3.2 billion with an annual gross

Further, the petitioner referred to the State government of Uttrakhand that has recently directed officials to facilitate the licensed cultivation of industrial hemp in the State to capitalize on its fibres. Meanwhile, the academic institutions have been asked to conduct research to ‘develop’ modified hemp species with only 0.3 to 1.5 percent THC content.

The neighbouring state of Himachal, Uttrakhand has already permitted regulated cultivation of hemp.

Some other facts about industrial hemp

• The industrial hemp’s product hempcrete could be a greener alternative to concrete. The plant acts as a carbon store, absorbing atmospheric carbon dioxide (CO2). One square metre of a timber-framed, hemp-lime wall (weighing 120 kg), stores 35.5 kg of CO2. In contrast, about 198kg of CO2 is emitted to make one tonne of reinforced concrete.
• Cannabis has 450 ingredients, of which 80 are chemical compounds called cannabinoids. The human brain has cannabinoid receptors, which control physiological processes such as appetite, pain, mood and memory, together called the endocannabinoid system. The cannabinoids from cannabis interact with the receptors in the brain and work as a smooth muscle relaxant and receptor blocker, alleviating pain, and symptoms of arthritis, diabetes,
• Hemp Plastic-Hemp can also act as a good plastic substitute to produce products which are strong, durable and environment-friendly.
• Biodiesel can be produced from the fibrous stalks  reducing our dependence on fossil fuels and nuclear power
• Cannabis oil is the most potent of three main cannabis products, which are the actual cannabis flower (marijuana), resin (hashish), and oil (cannabis oil). Cannabis oil is the most concentrated form of References to history the three main cannabis products. That is what makes cannabis oil the most potent.
• The cannabis plant is being grown world over to reduce radiation effects in areas where nuclear disasters have happened because of its properties to soak up radiation.
• The plant acts as a carbon store, absorbing atmospheric carbon dioxide (CO2)

Further, the petitioner said the rest of the world has already initiated the process of decriminalizing marijuana. In the United States of America, it’s legal with strict regulations in States of Alaska, Arizona, California, Colorado, Connecticut, DC, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Montana, Bar & Bench Nevada, New Hampshire, New Jersey, New Mexico, New York, Oregon, Rhode Island, Vermont, Washington.

Constitutional Context

The petitioner appeals that the “The Constitution Of India 1949” guarantees right to preserve cultural identity. In addition to it, India also has National Fiber Policy, 2010.  

Historical Background

• The petitioner has also pleaded the court to dwell upon the cultivation and use of marijuana in historical context. It is one of the oldest crops used for cultivation. It was cultivated in China as early as 4000 BC.
• Cannabis has a long history in India and dates back to as early as 2000 to 1400 B.C. The earliest mention of cannabis can be found in The Vedas or sacred Hindu texts.
• According to The Vedas, cannabis is one of five sacred plants and a guardian angel lived in its leaves. The Vedas call cannabis a source of happiness, joy-giver, liberator that was compassionately given to humans to help us attain delight and lose fear, said the petition.
• The Zend-Avesta, a sacred book of Zoroastrianism, used by the peoples of India dating back to 600 BC, talked about hemp’s intoxicating resin.
• The Chinese emperor and herbalist, Chen-Nung wrote about hemp’s medicinal uses 5000 years ago.
• In Great Britain, Hemp cultivation extensively started back in 800 A.D
• During the 17th Century, American farmers were ordered to grow Indian hemp. The law also passed an order that a person could be sentenced if they weren’t growing hemp on their land. At that time, hemp was considered as a legal tender. Moreover, for more than 200 years, hemp was used as a currency to pay off their taxes. Rudolph Diesel created a famous engine in 1896.

The petition said this step can epitomise a wholesome, credible solution towards alleviating conditions of poor farmers and uplifting society by tracing the timeless benefits of Hemp to drive measurable social impact. The petitioner urged the State to take steps in providing a regulatory framework to facilitate cultivation of industrial hemp.

What Exactly the Petitioner Seeks from High Court  

Do not take the petition as a hope that it would mean decriminalization of smoking cannabis. On the behalf of the people living a poverty-ridden life in rural areas, who could not reach the court to avail already existing provisions due to lack of kaleidoscopic legalities associated with this sensitive topic, the petitioner seeks the directions of the court for removal of restrictions on growing only commercial and medicinal hemp.

First, the government should define industrial hemp (based on the percentage of THC) and authorize the cultivation and possession of industrial hemp by creating an advisory board or commission.

The petition also appeals to facilitate the cultivation, processing, and use of only industrial and medical hemp, so that the public could receive is commercial and medical benefits.

The petition seeks to authorize a state licensing or registration program for growers and seed breeders. The state departments should be allowed to collect funds for research programs, said the petition.  

The government can promote research and support development of markets for industrial and medical hemp.

The court can direct the government to collect important information on industrial and medicinal hemp to further make regulations/guidelines on easy access to open industries, scientific research labs, and institutes for Industrial and medicinal hemp use.

The Research Centre, Pant Universities, and agricultural industry should be directed to develop seeds having a THC level apt for industrial use. These seeds will be disseminated to the villagers. It will act as an effective measure to prevent the growth of cannabis having an illegally high THC content, said the petition.

Note: All the factual information published in the above story are taken from the petition filed in the High Court of Himachla Pradesh.