Notwithstanding anything contained in section 8, Government may, by general or special order and subject to such conditions as may be specified in such order, allow cultivation of any cannabis plant for industrial purposes only of obtaining fibre or seed or for horticultural purposes.
Simplified Explanation
Section 14 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) provides a special provision allowing for the cultivation of cannabis under specific conditions for non-narcotic purposes, such as industrial or horticultural uses.
Key Provisions
- Exemption from General Prohibition (Section 8):
Similar to the exemption provided for coca plants in Section 13, Section 14 allows for an exception to the general prohibition on the cultivation of cannabis as outlined in Section 8 of the NDPS Act. It permits the cultivation of cannabis plants but only under strictly controlled circumstances. - Purposes for Cultivation:
The cultivation of cannabis plants is allowed for:- Industrial purposes: This includes the obtaining of fibre or seed from the cannabis plant. These products may be used for industrial applications, such as textiles or other materials.
- Horticultural purposes: This refers to the cultivation of cannabis for planting or gardening purposes.
- Government Authorization:
The Central or State Government may permit the cultivation of cannabis plants through a general or special order. This order would outline the specific conditions under which the cultivation can take place, ensuring it aligns with the intended purposes and does not involve any illicit use of the plant. - Conditions and Regulations:
The Government may impose conditions for the cultivation of cannabis. These conditions are designed to regulate the use of cannabis and ensure that it is not diverted for illegal purposes, such as the production of psychoactive substances like charas or ganja.
Implications
- Industrial and Horticultural Use:
Section 14 creates a pathway for the legal cultivation of cannabis for industrial and horticultural purposes, such as the use of cannabis fibre for textiles or seeds for agricultural use. It highlights that cannabis can be cultivated for legitimate, non-narcotic uses. - Government Oversight:
The provision emphasizes government control over cannabis cultivation, ensuring that the process is regulated and limited to the intended purposes, such as fibre and seed production or horticulture. This is designed to prevent cannabis from being used for narcotic drugs like ganja or charas. - Conditions on Cultivation:
The conditions attached to government orders may include licensing requirements, monitoring, or other specific restrictions to ensure that cultivation remains within the specified non-narcotic uses. - Preventing Misuse:
The section is a safeguard to prevent the misuse of cannabis for illicit narcotic production. For example, the flowers or resin of the cannabis plant, which are used for making psychoactive substances, are explicitly not allowed under this provision.
Conclusion
Section 14 provides a special provision allowing the cultivation of cannabis plants for industrial and horticultural purposes, such as obtaining fibre or seeds. This cultivation can take place only under strict government regulation to ensure that it is used for legitimate, non-narcotic purposes and does not contribute to the illegal production of drugs like ganja or charas.
