Bhang is legal in India in a narrow and conditional sense: the central narcotics law does not prohibit it, because the Narcotic Drugs and Psychotropic Substances Act of 1985 excludes cannabis leaves and seeds from its definition of banned cannabis, and bhang is made from leaves. But that central silence is not nationwide permission. Each state writes its own rules, and some have banned bhang outright, so whether you can lawfully buy, carry, or drink it depends on where you are standing.
Why the NDPS Act Doesn’t Cover Bhang
The NDPS Act is India’s primary narcotics statute. It prohibits cultivation, production, possession, sale, transport, and consumption of listed narcotic drugs and psychotropic substances without government authorization.1India Code. The Narcotic Drugs and Psychotropic Substances Act, 1985
Section 2(iii) defines “cannabis (hemp)” in three parts: charas (the separated resin, including hashish oil), ganja (the flowering or fruiting tops), and any mixture or drink made from either. The ganja definition carries the clause that keeps bhang out of the Act’s reach. Ganja is “the flowering or fruiting tops of the cannabis plant (excluding the seeds and leaves when not accompanied by the tops).”1India Code. The Narcotic Drugs and Psychotropic Substances Act, 1985
Bhang is prepared from those leaves, usually ground into a paste and mixed into drinks like thandai or lassi or worked into sweets. Because the statute carves leaves out, bhang is not a prohibited narcotic under central law. The Act never mentions bhang by name. Its legality is not an affirmative permission but the absence of a prohibition.
What Courts Have Said
Several High Courts have confirmed this reading. In Arjun Singh v. State of Haryana (2004), the Punjab and Haryana High Court overturned a conviction under Section 20 of the NDPS Act, holding that “bhang is the leaves of the cannabis plant and it has not been included in the definition of Cannabis (hemp) as defined under Section 2(iii) of the Act,” and calling the conviction “wholly illegal and without jurisdiction.”2CaseMine. Arjun Singh v State of Haryana The Bombay and Rajasthan High Courts have reached the same conclusion on the same statutory basis.
State Rules Vary, and That’s What Actually Decides It
Section 10 of the NDPS Act lets state governments permit and regulate cannabis operations other than charas. That is why bhang can be sold from a government-licensed shop in one state and get you arrested in another.
States That Allow Licensed Sale
Rajasthan and Uttar Pradesh are the clearest examples. The Rajasthan Excise Department runs the supply chain, with bhang imported from licensed wholesalers in states like Punjab, Uttar Pradesh, Bihar, and West Bengal and sold through licensed retail contractors at a government-set price.3Rajasthan Excise Department. Licensing Issues – BHANG In Uttar Pradesh, districts such as Prayagraj allocate bhang shops through a local lottery.4District Prayagraj. List of Allotted Shops in eLottery of Bhang Shop Category Sales rise sharply around Holi and Maha Shivaratri, when bhang consumption is a longstanding part of religious tradition.
States That Restrict or Ban It
Assam’s Ganja and Bhang Prohibition Act of 1958 prohibits the cultivation, collection, import, transport, manufacture, sale, possession, and consumption of both ganja and bhang.5United Nations Digital Library. Laws and Regulations Promulgated to Give Effect to the Provisions of the Convention of 13 July 1931 Maharashtra takes a middle path. Under the Maharashtra Prohibition Act (originally the Bombay Prohibition Act of 1949), bhang is classified as an “intoxicating drug” alongside ganja, and anyone manufacturing, possessing, or selling it needs a license from an authorized officer.6India Code. The Maharashtra Prohibition Act
What is sold openly in a Jaipur shop can be a criminal offense in Guwahati. Check the law of the state you are in, not the state you came from.
Carrying Bhang Across State Lines
Interstate transport is the trap. A state that bans bhang within its borders can prosecute you for possessing it there, regardless of where you bought it. A receipt from a licensed Rajasthan shop will not protect you in Assam. The safe approach is to treat bhang’s legality as tied to the state you are currently in. If you are crossing into a state that prohibits it, consume or discard before the border.
When Bhang Becomes Illegal Cannabis
The line between lawful bhang and prohibited ganja is botanical. If leaves are mixed with flowering tops, the product falls inside the NDPS Act’s definition of ganja and the full criminal regime of Section 20 applies. Penalties scale with quantity, from up to one year of rigorous imprisonment and a fine of up to ₹10,000 for a small quantity (up to 1,000 grams), up to ten years and a fine of up to ₹1 lakh for an intermediate quantity, and ten to twenty years with a fine of ₹1 to 2 lakh for a commercial quantity of 20 kilograms or more.1India Code. The Narcotic Drugs and Psychotropic Substances Act, 19857Central Bureau of Narcotics. Notification Specifying Small Quantity and Commercial Quantity
Officers in the field do not always make a careful botanical distinction, and proving a product was leaf-only after an arrest is much harder than avoiding the arrest. Buy only from licensed sellers in states where sale is lawful, and be sure the product contains leaves and seeds, not flowering material.
Growing Your Own Is Still a Crime
Possessing cannabis leaves may be lawful, but growing the plant that produces them is not. Section 8(b) of the NDPS Act prohibits cultivation of any cannabis plant without government authorization for medical or scientific purposes.8Indian Kanoon. Section 8 in The Narcotic Drugs and Psychotropic Substances Act In November 2025, the Kerala High Court rejected a defense that five cannabis plants on a terrace lacked flowering or fruiting tops and so should not count. The court held that Section 8(b) covers “any cannabis plant” regardless of whether it has flowered, and that growing plants in pots is cultivation. The penalty under Section 20(a) is up to ten years of rigorous imprisonment and a fine of up to ₹1 lakh. The only cultivation exception, under Section 14, is government authorization for industrial purposes such as fibre or seed, or for horticultural use.1India Code. The Narcotic Drugs and Psychotropic Substances Act, 1985
Driving After Drinking Bhang
Festival tradition does not create a traffic exemption. Section 185 of the Motor Vehicles Act makes it an offense to drive while under the influence of a drug “to such an extent as to be incapable of exercising proper control over the vehicle.” There is no defined blood-cannabinoid limit the way there is for alcohol (30 milligrams per 100 millilitres of blood). The test is functional: if an officer decides you cannot control the vehicle because of the drug, you can be charged. A first offense carries up to six months of imprisonment, a fine of up to ₹2,000, or both. A repeat within three years carries up to two years and a fine of up to ₹3,000. On Holi, when both bhang and driving are everywhere, that matters.