Is cannabis legal in India?

Is cannabis legal in India? No, not for smoking. The 1985 NDPS Act prohibits ganja and charas across the entire country, and legal cannabis in India is limited to very specific frameworks: bhang sold under license, authorized medical and Ayurvedic uses, and industrial hemp in a few states. Yet, cannabis in India is part of the culture, and this discrepancy traps travelers. At Tealer420, we have scrutinized the law and state regulations to tell you what applies as of October 6, 2026.

Ganja, charas, bhang: the nuance that changes everything

The NDPS law targets three things:

• Charas: resin, including hashish oil.
• Ganja: the flowering tops, excluding seeds or leaves not accompanied by the buds.
• Any mixture or drink prepared from these two forms.

Leaves alone are therefore excluded: this is the legal basis for bhang, a preparation made from leaves that is drunk or eaten. This exception dates back to the 1961 Single Convention, where India defended its religious customs. If you want to review the difference between flowers and resin, we detailed it in our article on the difference between hash and weed.

NDPS Law penalties, by quantity

The NDPS law graduates penalties based on the weight seized, with different thresholds for ganja and charas:

• Small quantity (up to 1 kg of ganja or 100 g of charas): up to 1 year of mandatory imprisonment, a fine of up to 10,000 rupees, or both. An official Indian page suggests 6 months instead.
• Intermediate quantity: up to 10 years in prison and up to 1 lakh (100,000 rupees) in fines.
• Commercial quantity (20 kg of ganja or 1 kg of charas and more): 10 to 20 years of mandatory imprisonment, and 1 to 2 lakhs in fines.

Simple consumption is also punished: up to 6 months and/or 10,000 rupees. Cultivation without authorization can cost up to 10 years. To compare with France, see our point on fines for a weed plant.

Legal cannabis in India: what changes from one state to another

The NDPS law is federal, but bhang falls under state jurisdiction. In most, only authorized sellers can sell it:

• Rajasthan, Uttar Pradesh, Madhya Pradesh: shops licensed by the excise administration. You can find them in Varanasi or Jaisalmer.
• Gujarat: bhang was removed from the list of intoxicating substances in 2017.
• Maharashtra: manufacturing and consumption are subject to licensing.
• Assam: a 1958 law prohibits ganja and restricts bhang with the intention of banning it.

As for industrial hemp, Uttarakhand, Uttar Pradesh, and Madhya Pradesh issue licenses for low-THC varieties. Since November 2021, the FSSAI has authorized hemp seeds, oil, and flour as food.

Cannabis in India, between Shiva and Holi: a culture that doesn't protect you

Bhang is an offering to Shiva during Maha Shivaratri and circulates widely during Holi, between February and March. A 2019 ministerial survey counted 31 million current cannabis consumers, or 2.83% of 10-75 year-olds, with a record in Sikkim (7.3%).

This presence creates an illusion of tolerance. A bhang lassi bought in a licensed shop has nothing to do with a bag of ganja or charas in your pocket: that is an NDPS offense, regardless of the vibe. We put this paradox into regional context in our dossier on cannabis in Asia and the Middle East.

Traveling in India: the real risks

The British Foreign Office is clear: a small quantity intended for personal consumption can be worth at least 6 months in prison, and up to 10 years for other amounts. Above all, the justice system is slow: you could remain detained for several years before trial. Just because the French Ministry of Foreign Affairs does not detail narcotics for India does not mean it is tolerated.

2026: a debate opening, a law that isn't moving

On January 23, 2026, the Delhi High Court refused to decriminalize ganja, while asking the central government to re-examine the NDPS rules on cannabis after consultation. For the judges, it is up to the legislature to decide.

On July 24, Himachal Pradesh published its rules: cultivation for medical and scientific purposes only, under license, in closed greenhouses, on at least 3 acres for private entities. But recreational use, home cultivation, and unlicensed sales remain illegal.

Key Takeaways

India is not a country where cannabis is legal: ganja and charas are prohibited everywhere, with penalties that climb quickly. Bhang is the only exception, and it depends on the state.

For a traveler, the rule is simple: no ganja, no charas, nothing in your luggage. The 2026 reforms concern medicine and industry, not your personal use.

Informational article, current as of October 6, 2026. Sources: Narcotic Drugs and Psychotropic Substances Act 1985 (NDPS), Indian Department of Revenue, Delhi High Court, Himachal Pradesh NDPS (Amendment) Rules 2026, Assam Ganja and Bhang Prohibition Act 1958, FSSAI, British Foreign Office. It does not constitute legal advice and legislation evolves. Reserved for 18+. Compliant with current European legislation (< 0.3% THC). Consumption of illicit cannabis remains prohibited in France.