CAN CANNABIS BUSINESS BE TRADEMARKED IN INDIA?

Cannabis is a flowering plant that is used for medical, industrial, and recreational purposes. Cannabis was used in early 2000 BCE and its use was first mentioned in Atharva Veda. It considered cannabis as one of the most sacred plants on earth. Before 1985, cannabis and other narcotics derived from it such as marijuana, charas, and bhang were legally sold in India. Consumption of cannabis was legal in India and was not considered a social wrong and its consumption was observed similar to the consumption of alcohol. A worldwide campaign to make laws against all kinds of drugs was initiated by the United States after it became a member of the Single Convention on Narcotic Drugs in 1961. However, India opposed standing with the United States in making cannabis illegal for 25 years. In the 1980’s the American pressure started to increase and in 1985, the Rajiv Gandhi Government brought into force the Narcotic Drugs and Psychotropic Substances Act and it banned all narcotic drugs in India. And till date, all these drugs are still banned in India.

The Great Legalisation Movement India Trust had filed a petition on 7^th November 2019, to decriminalize the use of cannabis. The notice in plea against the use of cannabis and its decriminalization was issued by the Delhi Court to the Central Government in a petition preferred by the Great Legalisation Movement India Trust. The petitioners were of the view that certain provisions of the Narcotics Drugs and Psychotropic Substances Act, 1985 which criminalize the use of cannabis are in violation of various provisions of the constitution of India. The petitioner is a registered trust and wants to raise awareness regarding cannabis and its medical, industrial, and economic use. The petitioners do not seek in removing all the regulations and restrictions from the use of cannabis but focus on the positive part of it. Petitioners took into consideration the scientific research papers which dealt with the medical use of cannabis. Cannabis is helpful in the prevention of cancer. The industrial hemp (a variety of cannabis Sativa plant) is grown especially for industrial purposes which is used in the production of products of furniture, food, beverages, cosmetics, skincare products, etc.

Thus, the petitioner states that the Parliament, while enacting the NDPS Act did not take into consideration the positive use of cannabis on human health and the history of Vedas. It also stated that the international instruments did not advise to decriminalize the use of cannabis. Instead, countries like the USA, Canada, South Africa, Netherlands have now started legalizing the medical and industrial use of cannabis. It also mentioned that it is ‘unfathomable’ that the Government allows the running of bang shops, while the content of bang and cannabis is the same.

In recent times, the Cannabis Industry is booming and gaining massive admiration. It is considered to be the fastest-growing industry in the world. Also, the global market for medical use of cannabis has been growing fast. Research regarding the medical use of CBD, the non-psychoactive part of the plant has been revolving around this field. It is necessary to measure the safety and effectiveness of CBD which is only possible through clinical trials. Although, one of the barriers to check the efficiency of CBD in India is its lack of clinical trials. India has a relationship with cannabis for the longest period of time as it has the references for the precedent work of these plants and their uses from Vedas. Despite having the historical tie-up, possession of cannabis is illegal in India. One of the places that allow clinical trials for use of CBD is the Indian Institute of Integrative Medicine, which is backed by the Tata Memorial Hospital in Mumbai. However, their regulatory approval for clinical trials is still in process. Over the past few years, India has seen a lot of good start-ups in the cannabis industry. These start-ups focus on the production of products like medicines, food, and textiles. However, the use of cannabis is highly misunderstood in respect of legal and industrial views. Trade and consumption of cannabis are illegal and any person who is found in possession of it could be imprisoned for 20 years under the NDPS Act. Any transaction related to the cannabis industry is completely controlled and monitored by the State Government. Regions of Uttar Pradesh and Uttarakhand have received licenses for hemp production. As the cannabis industry is completely under the control of the government and any trade and consumption of cannabis is illegal and banned in India, therefore it is not possible for the cannabis business to be trademarked in India.

However, India should decriminalize the use of cannabis. 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. Prohibition makes drugs more illegal and has more influence and effect on teenagers. Instead, it is better to legalize it with proper precautions and safety measures. The Booming of the cannabis industry can have a great impact on the economy of India. High employee rates, benefits from tax revenue, agriculture aid, plays an important role in boosting the economy. Development in the cannabis industry can give job opportunities to people which will help in reducing unemployment and uplift the Indian economy. India is taking steps towards decriminalizing cannabis, the health ministry granted permission to CSIR for doing integrated research to grow the plant solely for medical purposes on a small piece of land in Jammu and Kashmir in April 2017. Countries like the USA, Canada, South Africa, Netherlands have started legalizing the use of cannabis for industrial, recreational, and industrial purposes.

India has voted with the majority at the United Nations to remove cannabis and cannabis resin from the list of most dangerous substances in the flagship international Convention on narcotic drugs. The decision taken by the UN Commission on Narcotic Drugs (CND) on Wednesday at its ongoing 63rd session will lead to changes in the way cannabis is regulated internationally.

I hope soon the cannabis industry will take upon the market and these start-ups which focus on the production of various products with the use of cannabis will be trademarked and will also give rise to new inventions in this industry and will automatically boost the Indian economy.

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Payal Mehta