CHAPTER - I

PROEM TO CANNABIS
1.1. INTRODUCTION

Marijuana also called weed, herb, pot, grass, bud, ganja, Mary Jane, and a vast number of other
slang terms, is a greenish-grey mixture of the dried flowers of Cannabis sativa. Marijuana can
be used to brew tea and, particularly when it is sold or consumed for medicinal purposes, is
frequently mixed into foods (edibles) such as brownies, cookies, or candies. Some people
smoke marijuana in hand-rolled cigarettes called joints; in pipes, water pipes (sometimes called
bongs), or in blunts (marijuana rolled in cigar wraps). Vaporizers are also increasingly used to
consume marijuana. Stronger forms of marijuana include sinsemilla (from specially tended
female plants) and concentrated resins containing high doses of marijuana’s active ingredients,
including honey like hash oil, waxy budder, and hard amber like shatter. These resins are
increasingly popular among those who use them both recreationally and medically.

Cannabis, also known as marijuana, has been a controversial subject in society for decades. Its
use, legality, and impact have sparked heated debates worldwide. In recent years, attitudes
towards cannabis have shifted dramatically, leading to significant changes in legislation and
public perception. This essay aims to explore the multifaceted role of cannabis in society,
examining its history, medical applications, legal status, and social implications.

Firstly, it's essential to acknowledge the historical context of cannabis use. Cannabis has been
utilized for medicinal, spiritual, and recreational purposes for thousands of years, dating back
to ancient civilizations such as the Chinese, Indian, and Egyptian cultures. In many societies, it
was revered for its therapeutic properties and regarded as a sacred plant. However, the
perception of cannabis shifted dramatically in the 20th century with the rise of prohibitionist
policies and anti-drug campaigns, leading to its criminalization in many parts of the world.

In recent decades, there has been a growing body of research highlighting the therapeutic
potential of cannabis. The plant contains compounds known as cannabinoids, most notably
THC and CBD, which interact with the body's endocannabinoid system to produce various
effects. Medical cannabis has shown promise in alleviating symptoms associated with a wide
range of conditions, including chronic pain, epilepsy, multiple sclerosis, and chemotherapy-
induced nausea. As a result, many countries have legalized cannabis for medical use,
recognizing its therapeutic value and providing patients with access to alternative treatment
options.

However, the legalization of cannabis for recreational purposes remains a contentious issue.
Proponents argue that legalization can lead to increased tax revenue, reduced strain on the
criminal justice system, and the regulation of cannabis production and distribution, thereby
ensuring product safety and quality control. Additionally, they contend that criminalizing
cannabis disproportionately affects marginalized communities and perpetuates systemic
injustices. On the other hand, opponents express concerns about the potential risks of cannabis
use, particularly among young people, including impaired cognitive function, addiction, and
mental health issues.

The legal status of cannabis varies significantly from country to country and even within
different regions of the same country. While some jurisdictions have embraced full legalization,
allowing for the cultivation, sale, and consumption of cannabis for both medical and
recreational purposes, others maintain strict prohibitionist policies, imposing harsh penalties
for possession and distribution. This patchwork of laws and regulations creates challenges for
policymakers and law enforcement agencies, leading to inconsistencies in enforcement and
public perception.

Furthermore, the social implications of cannabis legalization extend beyond its medical and
recreational use. Legalization has sparked debates about drug policy reform, criminal justice
reform, public health, and individual liberties. It has also given rise to a burgeoning cannabis
industry, encompassing cultivation, manufacturing, retail, and ancillary services, generating
economic opportunities and investment potential. However, concerns about corporate
influence, market monopolization, and the commercialization of cannabis have prompted calls
for regulatory oversight and social responsibility.

The main psychoactive(mind-altering) chemical in marijuana, responsible for most of the

intoxicating effects that people seek, is delta-9-tetrahydrocannabinol (THC). The chemical is
found in resin produced by the leaves and buds primarily of the female cannabis plant. The
plant also contains more than 500 other chemicals, including more than 100 compounds that
are chemically related to THC, called cannabinoids.

Himachal government’s plan on legalising medical use of cannabis is an important topic for
discussion as it would impact the entire populations and a generations to come ahead.

Himachal Pradesh is the land of the holy, but the very holiness is being tainted by the flagrant
abuse of narcotic drugs and psychotropic substances. The country has already witnessed the
rampant drug use and uncontrollable addiction spread like a disease in the state of Punjab and
some others. Himachal is on its way progressing exceedingly towards this doom. Among this
rising threat of drug abuse, the state government is planning on legalising the cultivation and
medicinal use of cannabis, which would inadvertently lead to increased consumption of the
substance for other uses than as a medicine. What are the studies done on the medical benefits
of the efficacy of cannabis on health problems? Are there alternates to the use of cannabis as a
medicine? What are the health hazard that the use of cannabis can have on human body?

The historical references provide a rich account of cannabis in ancient Indian texts. The debate
among Sanskrit scholars about whether the term "bhanga" refers to modern "bhang" or cannabis
adds complexity. The Vedic period saw Cannabis sativa considered a candidate for the plant
used in preparing the intoxicating ritual drink "soma." The Atharvaveda mentions "bhanga" as
one of the five sacred plants, with interpretations varying. The Sushruta Samhita (c. 600 BCE)
recognizes "bhanga" as a medicinal plant for treating ailments.

Notably, the Chikitsa-sara-sangraha1 (late 11th century) is considered the earliest uncontested
mention of cannabis. It recommends "bhanga" as an appetizer and digestive, while later texts
like Yogaratnamala 2 (12th–13th century) and Sharngadhara Samhita 3 (13th century) discuss
medicinal uses and quick effects on the body. Cannabis is also referenced in Ayurvedic
scriptures for pain relievers and aphrodisiacs in small quantities, but not for smoking recipes.

1
Vangasen, Ayurvediya Chikitsa Sar Sangraha.
2
Pushpendra Kumar (ed.), Yogaratnamala (Nag Publishers, 1980).
3
Vidyanath Ratnakaram, Sarangadhara Smhita (Chowkhamba Surbharati Prakashan, Varanasi, 2021).
The association of cannabis with the Hindu god Shiva adds a cultural dimension, with legends
suggesting Shiva's preference for cannabis and its use in rituals, particularly during the summer
months. Ayurvedic texts refer to cannabis as "vijaya," while tantric texts mention it as
"samvid"4.

As of 2000, per the UNODC the prevalence of usage of cannabis in India was 3.2%. A 2019
study conducted by the All India Institutes of Medical Sciences reported that about 7.2 million
Indians had consumed cannabis within the past year. The Ministry of Social Justice and
Empowerment's "Magnitude of Substance Use in India 2019" survey found that 2.83% of
Indians aged 10–75 years (or 31 million people) were current users of cannabis products.
According to the UNODC's World Drug report 2016, the retail price of cannabis in India was
US$0.10 per gram, the lowest of any country in the world. A study by the German data firm
ABCD found that New Delhi and Mumbai were the third and sixth largest cannabis consuming
cities in the world in 2018, consuming 38.2 tonnes and 32.4 tonnes of cannabis respectively. .

In 1894, the British Indian government completed a wide-ranging study of cannabis in India.
The report's findings stated: 'The moderate use of hemp drugs is common and generally has few
ill effects, with excessive use being the exception. The harm from habitual moderate use is
usually not noticeable, but excessive use is acknowledged as potentially very injurious,
primarily to the individual. Interestingly, the societal impact of hemp drugs is stated to be rarely
appreciable in this context.

1.2. Marijuana and the law

There are three legislations that determine punishment if you are caught carrying weed in India.
These are:

1. The NDPS Act5, 1985

2. The Juvenile Justice6 (Care and Protection) Act, 2000

4 Chris Conard (1997). Hemp for Health. Inner Traditions. pp. 43–44.
5
Narcotic Drugs and Psychotropic Substances Act (Act No. 61 of 2016)
6 Juvenile Justice (Care and Protection of Children) Act (Act No. 2 of 2016)
3. State laws

The NDPS Act is the main legislation that deals with drugs and their trafficking. Various
provisions of the Act punish production, manufacture, sale, possession, consumption, purchase,
transport, and use of banned drugs, except for medical and scientific purposes.

Section 2 of The NDPS Ac7 defines cannabis (hemp) as a narcotic drug based on the parts of
the plant that come under its purview. The Act lists these parts as defines cannabis (hemp) as a
narcotic drug based on the parts of the plant that come under its purview. The Act lists these
parts as:

Charas:

The separated resin, in whatever form, whether crude or purified, obtained from the cannabis
plant and also includes concentrated preparation and resin known as hashish oil or liquid
hashish.

Ganja:

The flowering or fruiting tops of the cannabis plant (excluding the seeds and leaves when not
accompanied by the tops), by whatever name they be known or designated.

Any mixture, with or without any neutral material, of any of the above forms of cannabis or
any drink prepared therefrom.

The Act, in its definition, excludes seeds and leaves “when not accompanied by the tops”.
Bhang, which is made with the leaves of the plant, is not mentioned in the NDPS Act.

However, Bhang does not fall within the definition of cannabis (hemp) as defined under Section
2 (iii) of NDPS Act, 1985. This issue has been discussed at length in various judgments of
various courts. Hence, the provisions for various narcotic and psychotropic substances under
the NDPS Act, 1985, are not applicable to the cannabis in bhang form. The National Policy on
Narcotics and Psychotropic Substances acknowledges this fact and goes on to mention that the
‘production and sale of Bhang is permitted by many State Governments’.

The production, sale, purchase, transportation, interstate import/export, or any other

commercial activity of cannabis is illegal under Section 20 of the Narcotic Drugs and
Psychotropic Substances Act of 1985. The intention of drug possession is irrelevant, and the

7
Supra Note 3
punishment is determined by the quantity of drugs in possession. Therefore, out of the two
ingredients of crime i.e., actus reus and mens rea, only actus reus is enough to prosecute a
person under this Act.

If a person is arrested with drugs or is found to be a drug addict, he or she will not be prosecuted
if he or she agrees to go through de-addiction treatment voluntarily. If you permit your property
to be used for cultivation, you will be liable under Section 25 of the NDPS Act and will face
the same penalties as stated under Section 20 of the NDPS Act, 1985.

While, Section 27 lays down the punishment in cases of consumption of any of the narcotic
drugs or psychotropic substances. On the other hand, Section 28 states the punishment for an
attempt to commit an offence mentioned under the NDPS Act. It is thereby stated that whoever
attempts to commit any offence punishable under this Chapter or to cause such offence to be
committed and in such an attempt does any act towards the commission of the offence shall be
punishable with the punishment provided for the offence.

The use of cannabis for recreational purposes is prohibited in most countries; however, many
have adopted a policy of decriminalization to make simple possession a non-criminal offense
(often similar to a minor traffic violation). Others have much more severe penalties such as
some Asian and Middle Eastern countries where possession of even small amounts is punished
by imprisonment for several years.

Countries that have legalized recreational use of cannabis are Canada, Georgia, Malta, Mexico,
South Africa, Thailand, and Uruguay, plus 19 states, 2 territories, and the District of Columbia
in the United States and the Australian Capital Territory in Australia. Commercial sale of
recreational cannabis is legalized nationwide in three countries (Canada, Thailand, and
Uruguay) and in all subnational U.S. jurisdictions that have legalized possession except
Washington, D.C. A policy of limited enforcement has also been adopted in many countries, in
particular the Netherlands where the sale of cannabis is tolerated at licensed coffee shops.

However, There is no complete ban on cannabis under NDPS Act and it can be used for medical,
scientific, industrial, horticultural purposes by taking requisite permissions from respective
state governments.

• Odisha is one such State in India where marijuana is legal, and residents typically use
‘chillums’ to enjoy it within the State’s borders.
• Uttarakhand is the first Indian State to legalise commercial hemp farming. Many other
hilly states are considering allowing regulated production of hemp and marijuana because it is
a rich crop that requires less water.

• In Assam, the sale, possession, purchase, and consumption of ganja and bhang are all
prohibited under the Assam Ganja and Bhang Prohibition Act 8, 1959.

• In Maharashtra, the Bombay Prohibition Act of 1949 makes it illegal to manufacture,

possess, or consume bhang and bhang-containing substances without a licence.

According to the study, ‘Dynamics of drug Addition and Abuse in North West India: Social,
Economic and Political Implications 9 ’ conducted by Prof. Ranjit singh Ghuman, 95%drug
addicts in Himachal Pradesh use cannabis and its by-products such as marijuana, hashish,
charas and ganja/hemp etc. He said “Not indulging into the government’s arguments for
legalising the cultivation of cannabis, it is likely to encourage adolescents and youth towards
the use and abuse of cannabis. It may however help drug addicts to shift from the use of more
harmful drugs to less harmful ones but there is a very high probability that it may end up in life
long addiction. The State may get some additional revenue but if drug addiction and abuse rise
because f legalising the cultivation of cannabis then the drug addicted youth’s potential of socio
economic contribution to the state shall be an uncalculated loss in the long run”

Hemp was used widely for different purposes including as a medicine and for making textile.
Extensive research conducted shows that industrial hemp has the potential to change entire
industries for the better. Developed countries today are taking initiatives and implementing
regulatory policies for the rapid development of the hemp industry. In India, a land where hemp
was an integral part of society and played a part in ceremonies in the past, is now being
rediscovered and being put to use to foster new industries. Governments are reframing policies
related to industrial hemp under the state legislature and are taking positive steps to promote
the cultivation of hemp. The hemp industry has vast potential to help in the growth of various
markets. Hemp cultivation is all the more attractive because hemp can grow on barren land and
requires little resources including water to flourish. It has a number of uses and it can be used
to manufacture goods of exceptional quality cheaply and more efficiently than they are
manufactured today. Consider, for instance, that hemp grown on an acre of land can produce as

8
Assam Ganja and Bhang Prohibition Act (Act No. 5 of 1959)
9
Ranjit Singh Ghuman, Jatinder Singh, [Link]., Dynamics of Drug Addition and Abuse in North West India:
Social, Economic and Political Implications (Routledge, London, 1st edn., 2023).
much paper as can be produced from four acres of trees. Such efficiency in producing paper is
the need of the hour because trees on thousands of acres are felled each year to produce paper.
Hence, instead of felling millions of trees, hemp can be cultivated and used to produce paper
instead. There are several reasons to cultivate hemp. First, take the paper. The paper made from
hemp fibre can be recycled up to eight times while paper manufactured from wooded trees can
only be recycled three times. Hence, not only can a single acre of hemp produce four times as
much paper as an acre of trees, but such paper can also be recycled many more times. Clearly
cultivating hemp leads to better utilization of natural resources and as a result, to more
prosperity in society. Second, the stem of the industrial hemp plant can be used to create tough
fibre while rural women living in the villages of the Himalayan region have been doing so for
decades. Today science has shown hemp to be a superior fibre and the hemp industry is playing
a key part in popularising the revolutionary potential of hemp fibre. Hemp fibre has anti-
microbial, antifungal, anti-inflammatory potential (to a certain extent), and the fabric produced
from hemp is soothing, soft, and comforting to the touch. Cannabis sativa has low THC content
(under 0.3%) and completely satisfies the norms of the NDPS act and also holds the potential
to create significant economic growth in countries across the globe Three, most farmers in India
are not wealthy which is why they will benefit immensely by cultivating hemp as hemp can
grow on barren land and requires very little resources to flourish. So hemp can be grown cheaply
which makes it ideal for cultivation by Indian farmers. One can grow up to five crops in the
year under poly house. Under open conditions, we can get three crops in a year. The hemp
grows vigorously than corn and requires less water, pesticides, herbicides and fertilizer. Hence,
it is often referred to as a sustainable crop. The plant has over 25,000 known uses as well.

Mr. Sandeep Bhola, an expert in addiction and drug control at the United Nations Office on
Drugs and Crimes, brings up some valid concerns about the potential downsides of legalising
cannabis 10. He talks about the risks of it being distributed without control, the potential for
psychiatric symptoms, and the possibility of a-motivational syndrome.

The long term use of marijuana may cause

• Cognitive Impairment

• Memory Issues

10
Vikas Vasudeva, “Apple Country Himachal Pradesh Gets Ground Ready for Cannabis Cultivation”, The
Hindu, Sept. 10, 2023, available at: [Link]
inches-closer-to-cannabis-cultivation/[Link] (last visited on July 23, 2024).
• Lung Damage

• Abuse

• Accidents

In conclusion, cannabis occupies a complex and multifaceted role in society, encompassing

historical, medical, legal, and social dimensions. While attitudes towards cannabis continue to
evolve, debates surrounding its use and regulation persist. As society grapples with these issues,
it is essential to consider the diverse perspectives and stakeholders involved, fostering informed
dialogue and evidence-based policymaking to navigate the complexities of cannabis in the 21st
century.

1.3 Statement of Problem

The use of cannabis is traditionally linked to religion in India and had abundance of growth and
was used openly, but after the coming of drug legislations like Narcotic Drugs and Psychotropic
Substances Act11 the perception regarding cannabis changed in the country. The criminalisation
of its cultivation, possession, sale and use deterred the society from using cannabis to a large
extent. However it has also led to illegal cultivation and use of this narcotic plant. Recently
there has been a rend of legalisation of its use and India is following suit. Himachal is also on
similar lines, but is cannabis legalisation good for the state? Does medicinal use of cannabis
sativa have real health benefits or do the risks outweigh the advantages.

1.4 Objectives of the study

The aim off the study is to find the traditional uses of cannabis in India recent trends in its
legalisation throughout the world. The study also aims at finding the medical benefits of the
plant and the opinions of various stakeholder in Himachal Pradesh. Broadly the following are
the objectives of the study:

i. Traditional uses of cannabis.

ii. Debate over Prohibition and Legalisation of Hemp.
iii. Medical Uses of the plant

11
Supra Note 5
 iv. Health hazards due to its use
v. Opinions of the Stakeholders in Himachal Pradesh.

1.5 Hypothesis

The legalisation of cannabis is rampantly unfolding throughout the globe and more and more
people are coming in its support claiming various environmental and health benefits of the crop.
However, keeping in mind the dangerous cannabis poses such as addiction and cognitive
impairment, the legalisation of recreational use of the crop is not advised. Nonetheless , the
legalisation of the plant for medical uses can be done but only after a strong system of its
regulation has been established so the misuse of the psychotropic parts of the plant can be
checked.

1.6 Literature Review

The Sushruta-samhita - A critical Review Part-1 : Historical glimpse. By Hari S.

Sharma12 it is describe that Shiva, a Hindu deity, is associated with cannabis (bhang)
after discovering its revitalizing effects. Cannabis has been used in India for over 2,000
years, with ancient medical texts like Sushruta Samhita recommending it for various
ailments. Its consumption is considered auspicious during Hindu festivals like
Shivaratri and Holi. The plant is deeply ingrained in Indian culture, particularly within
Hinduism, and is believed to aid spiritual endeavors and connection with the divine.
This cultural association highlights the complex and multifaceted relationship between
cannabis and Indian society.

In the book, On the Preparations of the Indian Hemp, or Gunjah (Cannabis Indica)
by S. Talyor 13 the medical history of cannabis is discussed, specifically its use in
treating various conditions such as rheumatism, cholera, and tetanus. It also explores
the potential benefits and risks of using cannabis for therapeutic purposes. In the section

12
Sharma, Hari S et al. “Sushruta-samhita - A critical Review Part-1 : Historical glimpse.” Ayu vol. 33,2 (2012)
13
On the Preparations of the Indian Hemp, or Gunjah (Cannabis Indica) (S. Taylor 6, Chandos-Street, London,
1843).
 on rheumatism, the text describes how hemp resin was used to treat patients with acute
and chronic rheumatism, resulting in relief from symptoms and improved well-being.
However, it also notes that habitual cannabis users did not respond to the treatment,
suggesting a tolerance effect.

The section on cholera discusses how hemp tincture was used to treat patients with
favourable outcomes, particularly among European patients. It highlights the potential
benefits of hemp tincture in treating cholera, including restoring pulse and warmth,
halting diarrhea, and providing relief from vomiting. The section on tetanus describes
how hemp was used to treat traumatic tetanus, with varying outcomes. While not a
universal panacea, the use of hemp in treating tetanus represents an important chapter
in the history of medical exploration.

The book also discusses the potential benefits of cannabis phytochemicals on brain
function and cognition, particularly in addressing cognitive impairments and various
neurological disorders. It highlights the importance of conducting further research to
investigate the long-term efficacy and safety of cannabis-based treatments.
Overall, the book provides a comprehensive overview of the medical history of
cannabis and its potential therapeutic benefits, while also acknowledging the
importance of further research and caution in its use.

In the study Cannabis Use and Support for Cannabis Legalisation by Ali Palali and
Jan C, Van14 the relationship between cannabis use and opinions on cannabis policies
in the Netherlands is examined. The study finds that:
a) Current and past cannabis users are more likely to support legalization than non-
users.
b) Current users show stronger support for legalization than past users.
c) Personal experience with cannabis plays a significant role in shaping opinions
on cannabis policies.

14
Ali Palali and Jan C, Van, “Cannabis Use and Support for Cannabis Legalisation” 53 Emperical Economics
1747-1770 (2016).
 d) Individuals consider broader societal implications when forming their views on
cannabis policies.
e) There is a general consensus on certain aspects of cannabis policy, such as
restricting sales to minors and regulating sales near schools.

The study also provides context on the history of Dutch cannabis policies, including
the introduction of the policy of tolerance towards coffeeshops in 1980 and the
regulatory framework surrounding cannabis sales in the Netherlands. Overall, the study
suggests that personal experience with cannabis and consideration of societal
implications are important factors in shaping opinions on cannabis policies.

In the paper, Legalization, decriminalization & medicinal use of cannabis: a

scientific and public health perspective. By Svrakic, Dragan M15 There is a debate
around cannabis legalization and decriminalization, with advocates arguing it can help
with medical conditions and reduce criminal justice burdens, while opponents point out
potential mental health risks and harms. It's crucial to educate the public about the latest
research and promote responsible use to minimize harm. Addressing underlying factors
like peer pressure, stress, and trauma can also help reduce use and promote healthier
coping mechanisms.

In SAMSHA (Substance Abuse and Mental Health Services

Administration) Results from the 2009 National Survey on Drug Use and Health 16
the scientific research has shown that smoking cannabis can have significant adverse
effects on both physical and mental health, including cognitive dulling, brief psychotic
experiences, long-term addiction, and chronic psychosis. The impact on mental health
is particularly concerning, with links to depression, anxiety, and schizophrenia. Despite
these findings, many people are unaware of the potential risks, which can lead to
harmful behaviour. It's crucial to educate the public about the latest research and
promote responsible use. Additionally, cannabis use can impair cognitive function,
decision-making, and mood, leading to decreased productivity and a higher risk of

15
Svrakic, Dragan M et al. “Legalization, decriminalization & medicinal use of cannabis: a scientific and public
health perspective.” Missouri medicine vol. 109,2 (2012): 90-8.
16 SAMSHA (Substance Abuse and Mental Health Services Administration) Results from the 2009 National

Survey on Drug Use and Health: Volume I. Summary of National Findings (Office of Applied Studies, NSDUH
Series H-38A, HHS Publication No SMA 10-45886 Findings) Rockville, MD
 accidents. It's essential to consider both the potential benefits and risks of cannabis use
and prioritize safety and well-being.

The Narcotic Drugs and Psychotropic Substances (NDPS) Act 17 has following
sections regarding cannabis:

Section 2: Defines "cannabis" and includes any part of the plant, its resin, or any
preparation or mixture containing it.

Section 6: Prohibits the cultivation, production, or possession of cannabis except for

medical or scientific purposes with a license.

Section 8: Regulates the transportation and sale of cannabis, requiring a license and
adherence to specified conditions.

Section 15: Specifies penalties for contraventions of the Act, including:

i. Possession of small quantities (up to 100 grams): punishable by a fine or

imprisonment up to 6 months.
ii. Possession of larger quantities (100 grams to 1 kilogram): punishable by
imprisonment up to 1 year.
iii. Possession of commercial quantities (over 1 kilogram): punishable by
imprisonment up to 10 years.

iv. Section 25: Provides for the forfeiture of property derived from, or used in, the
illicit traffic of cannabis.

v. Section 31: Authorizes the Central Government to make rules for the
implementation of the Act.

17
Narcotic Drugs and Psychotropic Substance Act (Act No. 61 of 19
 In the Book Narcotic Drugs and Psychotropic Substances (NDPS) Act BY S.N.
Mishra18,

Jean Paul C Grund and Joost J. Breeksema, European Drug Policy- Drug Policy in
Netherlands 128-148 (Routledge, 2017). The document discusses the pragmatic
approach of the Netherlands towards cannabis policy, which has been in place since
1976. It emphasize the separation of cannabis from more dangerous drugs through
regulated coffee shops, allowing for safe sales while maintaining strict controls. Public
support for this system has grown, with many advocating for further legalization and
regulation. The policy has resulted in lower rates of cannabis use compared to
neighbouring countries, and ongoing discussions aim to address issues like the
"backdoor problem," where cannabis supply remains illegal despite sales being
tolerated. Overall, the Netherlands continues to maintain a progressive stance on
cannabis regulation.

1.6 Research Methodology

1. Introduction

The research methodology section provides a detailed explanation of the methods and
techniques used to conduct the study on cannabis legalization. This section outlines the
research design, sampling strategy, data collection methods, data analysis techniques,
ethical considerations, limitations, and steps taken to ensure validity and reliability.

2. Research Design

Description: A mixed-methods approach was adopted to combine socio-economic research,

doctrinal research, and empirical research methods. This approach allows for a
comprehensive exploration of the impact of cannabis legalization from diverse perspectives.

18S.N. Mishra
Justification: The mixed-methods design enables a holistic understanding of the complex
socio-economic and legal dynamics surrounding cannabis legalization.

3. Sampling

Description: Purposive sampling was utilized to select participants for surveys and
interviews, ensuring representation across various socio-economic backgrounds.

Sample Size: The sample size was determined based on the research objectives and the need
for diverse perspectives on cannabis legalization.

Justification: Purposive sampling was chosen to capture a range of opinions and experiences
related to cannabis legalization.

4. Data Collection Methods

Surveys: Structured surveys were administered to gather quantitative data on public

perceptions and attitudes towards cannabis legalization.

Interview: In-depth interviews were conducted with key stakeholder, Special Judge for
NDPS cases to explore their perspectives on cannabis legalization.

Document Analysis: Legal document analysis was performed to examine the existing legal
frameworks and policies governing cannabis legalization.

Data Sources: Statistical data from relevant sources were collected to analyse trends and
patterns related to cannabis legalization.

Justification: The combination of surveys, interviews, and document analysis provides a

comprehensive understanding of the socio-economic and legal aspects of cannabis
legalization.

5. Data Analysis
Qualitative Analysis: Qualitative content analysis was employed to identify themes and
patterns in interview data.

Quantitative Analysis: Statistical analysis, including descriptive statistics and regression

analysis, was used to analyse survey data and identify correlations.

Thematic Coding: Thematic coding was applied to categorize and analyze qualitative data
for emerging themes.

Justification: The data analysis methods were chosen to extract meaningful insights and
patterns from the collected data.

6. Ethical Considerations

Informed Consent: Participants provided informed consent before participating in surveys

and interviews.

Confidentiality: Measures were taken to ensure the confidentiality and anonymity of

participants.

Ethical Guidelines: The research adhered to ethical guidelines to protect the rights and well-
being of participants.

7. Limitations

Biases: Potential biases in participant responses and data collection methods may influence
the study outcomes.

Generalizability: The findings may be limited in generalizability due to the specific sample
and research design.

Data Constraints: Limitations in data availability and quality may impact the depth of
analysis.

Justification: Acknowledging these limitations is crucial for interpreting the research

findings accurately.