Is Weed Legal in India?
May 29, 2026
Cannabis is illegal in India under the NDPS Act 1985, with charas and ganja banned but bhang permitted under state excise laws. Full breakdown of penalties.
Cannabis is illegal in India under the NDPS Act 1985, with charas and ganja banned but bhang permitted under state excise laws. Full breakdown of penalties.
Recreational marijuana is illegal across India under the Narcotic Drugs and Psychotropic Substances Act, 1985 (the NDPS Act). Section 2(iii) defines prohibited cannabis as charas (resin, including hashish oil) and ganja (the flowering or fruiting tops). Section 20 punishes production, sale, transport, and possession: up to 1 year of rigorous imprisonment and a Rs 10,000 fine for small quantity (100 g charas or 1 kg ganja), and 10 to 20 years plus Rs 1 to 2 lakh for commercial quantity (1 kg charas or 20 kg ganja). The Narcotics Control Bureau enforces the statute nationally.
The Act carries a notable carve-out. Bhang, prepared from cannabis leaves and seeds when not accompanied by the flowering tops, sits outside the NDPS definition of cannabis. States regulate it under their own excise laws, which is why licensed bhang shops operate openly in Uttar Pradesh, Rajasthan, and parts of Madhya Pradesh during Holi and other festivals, while Assam and several others prohibit it entirely. Medical and scientific use is permissible under Section 10 with state-issued licenses.
This page is for informational purposes only and does not constitute legal advice. Verify current law with qualified counsel before making compliance decisions.
Illegal
Narcotics Control Bureau (NCB); state excise departments for bhang
No threshold; all charas and ganja prohibited regardless of THC content
Narcotic Drugs and Psychotropic Substances Act, 1985 (Sections 2(iii), 10, 20)
Import and export of cannabis is prohibited for recreational purposes. Under Rule 53 of the NDPS Rules, 1985, narcotic drugs and psychotropic substances in Schedule I may move across the border only for medical, scientific, or training purposes, and only with prior authorization from the Narcotics Control Bureau and the Central Bureau of Narcotics. Travelers carrying cannabis face arrest and prosecution under Section 20, with no recreational tourist exemption.
