Archive · 15 Nov 2025
India Court Rules Growing Cannabis Illegal, Even Without Flowers
Imagine a plant that makes a special kind of leaf used to make a drink called bhang.
In India, it's okay to buy and drink bhang because the law only cares about the flower part of the plant, not the leaves.
But, it's against the law to grow the plant itself, even if you only want the leaves and don't care about the flowers.
A man tried to say it wasn't a crime because his plants didn't have flowers, but the court said growing the plant is the crime.
The law says you can't grow any cannabis plant unless it's for special reasons like medicine or industry, and you have permission.
So, even though bhang is allowed, growing the plant it comes from is not.
The Kerala High Court ruled that growing any cannabis plant is illegal under India's NDPS Act, regardless of whether it has developed flowering tops.
The petitioner's argument that only flowering tops constitute 'ganja' and thus a plant without them is not illegal was rejected.
The court clarified that the Act prohibits the cultivation of any plant of the genus cannabis, distinguishing it from the product 'ganja'.
Bhang, an edible preparation made from cannabis leaves and seeds, is legally permissible because these parts are excluded from the definition of 'cannabis' in the Act.
Exceptions for legal cannabis cultivation exist for medical, scientific, horticultural, and industrial purposes with government permits.
- Who
- Kerala High Court, excise officials, a petitioner
- What
- The Kerala High Court dismissed a petition challenging proceedings against a man for growing cannabis, ruling that cultivating the cannabis plant is illegal regardless of whether it has developed flowering tops.
- When
- November 4
- Where
- Kerala High Court, India
- Why
- The court upheld that the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985, prohibits the cultivation of any cannabis plant, not just the product 'ganja'.
Petitioner's Argument
Court's Ruling
Definition of Ganja
Petitioner's Argument
The petitioner argued that only flowering or fruiting tops constitute 'ganja' under the law, and thus a plant without them should not be illegal.
Court's Ruling
The court held that the NDPS Act distinguishes between the 'cannabis plant' and the product 'ganja'. While ganja is defined by its flowering tops, the Act separately prohibits the cultivation of any plant of the genus cannabis.
Meaning of Cultivation
Petitioner's Argument
The petitioner claimed that growing plants in pots does not constitute 'cultivation', which usually implies agriculture.
Court's Ruling
The court rejected this, referring to legal dictionaries to establish that 'cultivate' encompasses raising or gardening a plant, whether in a field or a flower pot.
- NDPS Act Year
- 1985
- Definition of Ganja
- Flowering or fruiting tops of the cannabis plant (excluding seeds and leaves when not accompanied by tops).
- Definition of Cannabis Plant
- Any plant of the genus cannabis.
- Punishment for Cultivation
- Rigorous imprisonment up to 10 years and a fine up to Rs 1 lakh.
- Small Ganja Quantity
- Up to 1 kg.
- Commercial Ganja Quantity
- At least 20 kg.