Marijuana is partially legal in India, depending on the form and purpose of use. Recreational cannabis remains illegal nationwide, but medical cannabis is permitted under specific regulations, and certain traditional uses are allowed at the state level.
Under the Narcotic Drugs and Psychotropic Substances (NDPS) Act of 1985, the cultivation, possession, sale, purchase, and consumption of cannabis resin (hash) and flowering tops (ganja) are prohibited and can result in heavy fines or prison sentences of up to 20 years. However, seeds and leaves, commonly used to prepare bhang, are excluded from this ban and may be legally consumed in some states during religious festivals.
In addition, several states, including Uttarakhand, Gujarat, Madhya Pradesh, Uttar Pradesh, and Jammu and Kashmir, allow licensed cultivation of cannabis for medicinal and industrial purposes, overseen in part by India’s traditional medicine authority, the Ministry of Ayurveda, Unani, Siddha, and Homeopathy (AYUSH).
Top things to remember
- Cannabis is illegal in India at the federal level, with strict penalties under the NDPS Act for possession, transport, sale, or consumption of flowers (ganja) and resin (charas), applying equally to locals and tourists.
- Only limited exceptions exist, mainly for bhang (leaves and seeds) in certain states and festivals, and for tightly regulated medical, industrial, or research use under state and national oversight.
- Enforcement is serious, and penalties are severe, so travelers should stay informed, avoid assumptions about cultural tolerance, and always follow the latest local and national regulations.
India’s Legal Framework for Cannabis Use
Cannabis in India is illegal at the federal level, with limited and tightly regulated exceptions.
The Narcotic Drugs and Psychotropic Substances Act, 1985, criminalizes the possession, sale, purchase, cultivation, and consumption of cannabis flowers (ganja) and resin (charas). Possession of a “small quantity” can still lead to up to six months in prison, a fine of ₹10,000, or both, while larger amounts carry far harsher penalties. There is no formal decriminalization framework, although enforcement varies by state.
A key legal distinction exists between plant parts. Products made from leaves and seeds, such as bhang, fall outside the NDPS definition of cannabis and may be legal or restricted depending on state law.
Products with different cannabinoid concentrations also fall under a gray area, depending on the state. THC-dominant flowers and resin are illegal, while CBD products derived from leaves or industrial hemp may be permitted if they comply with state rules and traditional medicine regulations.
Importantly, cannabis laws apply equally to residents and tourists, with no legal leniency for visitors under India’s cannabis travel guide considerations.
Medical Cannabis Use and Regulation in India
Medical cannabis is partially legal in India, but only within a narrow and highly regulated framework. Most legal medical cannabis products are formulated under Ayurvedic or traditional medicine systems and overseen by India’s traditional medicine authority, the Ministry of AYUSH.
Patients generally qualify through a consultation with a licensed practitioner, often an Ayurveda doctor, who may prescribe cannabis-based oils or tablets for conditions such as chronic pain, epilepsy, or palliative care.
Tourists cannot legally obtain smoked or high-THC cannabis, and medical products are typically dispensed only after in-country consultations and prescriptions, making access impractical for short-term visitors.
Research and clinical development continue under the auspices of institutions such as the Indian Institute of Integrative Medicine (IIIM), but recreational use remains illegal nationwide.
Buying Cannabis in India: What Travelers Should Know
Buying cannabis in India is not legal through regulated retail channels. There are no licensed dispensaries or pharmacies selling recreational cannabis, and products such as ganja (flowers) and charas (resin) are prohibited.
Outside of narrow medical or research frameworks, cannabis is therefore only available on the illicit market, which carries significant legal risk.
Tourists are not exempt from these laws and face the same penalties as residents if caught purchasing or possessing illegal cannabis.
The only partial exception involves bhang, made from cannabis leaves, which may be sold by state-authorized vendors in certain regions and during specific festivals, depending on local law.
Where Cannabis Use Is Permitted and Prohibited in India
Public consumption of cannabis flowers or resin is illegal nationwide and can result in arrest. Smoking or consuming cannabis in streets, parks, religious sites, or other public spaces is strictly prohibited. This also applies to private accommodations, including hotels, guesthouses, and Airbnbs, where cannabis use is not legally permitted even with the property owner’s consent.
The only notable exception involves bhang, which is made from cannabis leaves and seeds and may be consumed in certain states during festivals such as Holi, usually through licensed vendors. Even then, rules vary by state. Transporting cannabis flowers, resin, or concentrates is illegal, and carrying them even without intent to sell can lead to serious penalties.
Bringing Cannabis Across Indian Borders: What Travelers Need to Know
Importing, exporting, or transiting cannabis through Indian borders is a serious criminal offense. Even a small quantity can result in up to 6 months’ imprisonment, a fine of ₹10,000, or both. At the same time, larger amounts may lead to sentences of up to 20 years’ imprisonment and substantial fines.
There are no exemptions for medical cannabis, foreign prescriptions, or personal use.
Airport and border controls in India are strict, with customs authorities empowered to conduct searches, seize prohibited substances, and initiate criminal proceedings. If cannabis is discovered at customs, travelers can expect immediate detention, questioning, and potential arrest, followed by formal charges.
Bringing weed into or out of India is illegal for both residents and tourists, and penalties are severe even for first-time offenders.
Law Enforcement and Legal Risks Around Cannabis in India
Possession penalties depend on quantity. For small amounts, police can impose up to 6 months of imprisonment, a fine of ₹10,000, or both.
Quantities above “small” but below “commercial” carry penalties of up to 10 years in prison and fines of up to ₹100,000.
Commercial quantities trigger the harshest response: 10 to 20 years of rigorous imprisonment and fines ranging from ₹100,000 to ₹200,000. For reference, ganja is classified as a small quantity at 1 kg and commercial quantity at 20 kg. In comparison, charas/hashish becomes commercial at 1 kg.
Arrest risk is realistic, including for tourists, particularly during street checks, traffic stops, or raids.
Scams are also common: illegal sellers may threaten to involve the police to extract cash, knowing the legal stakes are high.
Cultural Views on Cannabis in India
Cultural attitudes toward cannabis in India are historically tolerant but socially cautious.
Cannabis has been used on the subcontinent for centuries, particularly in the form of bhang, which is consumed during religious festivals such as Holi and Maha Shivaratri and offered as prasad in some Hindu traditions.
Certain religious and cultural groups, including Hindu ascetics, Sufi practitioners, and Sikh Nihang communities, have historically viewed cannabis as having spiritual or ritual significance. In these contexts, use may attract little social judgment.
Outside of religious settings, however, cannabis use is not socially normalized. Smoking ganja or charas is generally frowned upon, especially in urban, professional, or family-oriented environments, and public use can draw negative attention.
While surveys suggest that tens of millions of Indians have used cannabis at least once, most consumption occurs privately.
There is no visible, organized cannabis scene, as legal risks keep any community discreet and informal.
Practical Local Insights for Cannabis-Curious Travelers
In everyday language, cannabis in India is commonly referred to by traditional terms rather than modern slang.
Ganja usually refers to dried flowers, charas to resin, and bhang to preparations made from leaves and seeds. These words are widely understood culturally, but asking for ganja or charas directly can attract legal trouble, especially as both are illegal under national law.
In contrast, bhang is openly referenced during specific religious festivals and in states where its sale is licensed.
There are no officially weed-friendly events, venues, or accommodations in India. Festivals like Holi or Maha Shivaratri are sometimes associated with bhang consumption, but this occurs within tightly defined cultural and regional boundaries.
Important Legal Notice for Cannabis Travelers in India
Cannabis laws in India are strict, complex, and subject to change, often with differences at the state level.
Travelers should always check the most recent local and national regulations before arriving, as enforcement practices and interpretations of the law can shift with little public notice.
What may appear culturally tolerated in certain settings does not override federal legislation, and relying on outdated or informal advice can lead to serious legal consequences.
Anyone using a cannabis travel guide should approach India with caution, discretion, and respect for local laws and customs. Staying informed, following official guidance, and prioritizing personal safety are essential when traveling in a country with strict cannabis regulations.