Is Cannabis / THC legal in India?
- Legal status
- Charas (hashish) and ganja are NDPS 'cannabis' — illegal; BHANG (leaves/seeds) is OUTSIDE the NDPS definition and is legal / state-regulated in many states
- Consequences if caught
- Penalties are graded by quantity (NDPS Secs 15–22): a SMALL quantity carries rigorous imprisonment up to 1 year and/or a fine up to ₹10,000; an INTERMEDIATE quantity (more than small, less than commercial) up to 10 years plus a fine up to ₹1 lakh; a COMMERCIAL quantity 10–20 years plus a fine of ₹1–2 lakh. All NDPS offences are cognizable and non-bailable, and commercial-quantity bail is near-impossible (Sec 37). Under the NDPS Act, 'cannabis' covers CHARAS/hashish (small 100 g, commercial 1 kg) and GANJA (small 1 kg, commercial 20 kg). Crucially, BHANG — the leaves and seeds of the plant — falls OUTSIDE the NDPS definition of 'cannabis' and is legal and state-regulated in many Indian states, while ganja and charas remain NDPS-controlled. Possession of a small quantity proven to be for personal consumption (Sec 27) carries up to 6 months (up to 1 year for some substances) plus a fine; Sec 64A grants immunity to addicts who volunteer for treatment.
- If prescribed or medical
- Not a prescribed traveller medicine; charas/ganja are NDPS-controlled.
- Documentation
- Essential Narcotic Drugs (morphine, fentanyl, methadone, oxycodone, codeine, hydrocodone) are medically regulated; a traveller should carry the prescription with original packaging, bring only a reasonable personal quantity, and declare at customs. Tramadol was added to the NDPS schedule in 2018 (commercial quantity 250 g) and is controlled.
- Narcotic Drugs and Psychotropic Substances Act 1985 (NDPS), Secs 15–27, 37 & 64A
- NDPS (small/commercial quantity) Notification 2001
- dor.gov.in
- cbn.nic.in
- ncb.gov.in
Drug laws and enforcement change and vary within a country. This is not legal advice. Always confirm with India’s embassy or official drug authority before traveling; penalties can be severe, including imprisonment.
Before you travel
Verify current rules with the destination country’s official drug authority and your own country’s embassy before traveling. Find the destination’s U.S. embassy & official country guidance →
Non-U.S. travelers: check your own government’s travel advisory and embassy.
If you’re detained or arrested abroad
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