Marijuana Debate in Nepal: Facilitation or strengthening of the legal system?

It is also discussed from the point of view that cannabis should be opened for recreational purposes, this will help the development of the tourism sector. If we mimic the system of a certain country, it can have a negative impact on our social structure.

असार १२, २०८२

घनश्याम श्रेष्ठ

Marijuana Debate in Nepal: Facilitation or strengthening of the legal system?

Cannabis cultivation has been a hot topic in our society for a few years, from tea shops to social media and even inside the parliament building. Some leaders of the society did not only say in speeches and interviews that the dream of the country's prosperity will be fulfilled soon through marijuana cultivation, there was a lot of discussion in the parliament.

It can be understood from the social media that the society is divided into pros and cons on this matter.  Whether it is to understand the

, not to understand it or to become a popular character on social media, there is no shortage of people who openly argue in favor and against from time to time. It is clear to us that the cultivation, buying, selling, transportation, accumulation and consumption of marijuana has been going on since centuries ago in Nepal. In the 1960s, a lot of hippy tourists came to Nepal to consume marijuana/charash carelessly, in tourist areas like Vasantpur and Thamel in Kathmandu Valley, there were boards with information about the availability of marijuana/charash, and in the government newspaper Gorkhapatra, notices of tenders related to marijuana/charash were published and business was done. . 

In 2033, with the implementation of the Narcotics (Control) Act, marijuana cultivation, production, sale, distribution, transportation, storage, and consumption all became illegal. All such activities were immediately banned. Despite the ban, some people secretly involved in the activities prohibited by the law are still living a hard life in prison. Statistics show that about 17 percent of the total prisoners in Nepal's prisons are guilty of this crime.

In the preamble of the Narcotics (Control) Act, 2033, it is mentioned that this Act was created to maintain the morality, health, convenience and economic interests of the common people, while the Act defines marijuana, opium, cocaine and its essence, mixtures and salts, and the natural and artificial narcotics and psychotropic substances prescribed by the Government of Nepal from time to time by publishing notices in the Nepal Gazette as narcotics. The production, preparation, purchase, sale, export, importation, transportation, storage and consumption of which is prohibited. However, there is a provision in the Act that any institution under the complete direction and control of the Government of Nepal after obtaining a special permit from the Government of Nepal can cultivate, prepare, produce, export-import any drug for medicinal or scientific research purposes or sell drugs to anyone as per the recommendation of an approved physician. Even though it is about to reach 50 years after the implementation of the Act, no concrete achievements have been achieved in the matter of marijuana cultivation according to this provision of the Act. 

Cannabis cultivation in Nepal is mainly discussed in connection with financial gain . Some of the so-called experts are making the necessary laws in Nepal to cultivate marijuana without interruption and to earn huge money by exporting it to foreign countries. The dream of making Nepalese rich by producing and exporting cannabis, which can be easily grown and cultivated even in the harsh mountainous regions of Nepal, is just a dream. The subject of Nepal producing marijuana and selling it in the international market is never the same as the economic development of the country through producing hydropower and selling it in the international market. We need to wake up from this kind of slumber. For the prevention and control of international crimes like drugs, success is not achieved only by the tireless efforts of one country, for this, the necessary coordination and cooperation of all countries plays an important role. In order to control various types of drugs, almost all the countries in the world have signed the conventions of the United Nations. The United Nations Convention on Narcotic Drugs, 1961 clearly lists marijuana as a narcotic drug. As Nepal is also a party to this convention, our legal obligation is clear. 

However, we have also found that the Convention has given exemptions for cultivating marijuana for medicinal, recreational and industrial purposes. Therefore, the relevant country can decide what to do in this matter. The Convention on Narcotic Drugs implemented by the United Nations, in 1961, marijuana was placed in Schedule 4 in view of its addiction and serious effects on human health. The convention seems to have ignored the medicinal properties of marijuana at the time and the various textile products that could be produced from it. 

In recent times, various countries have conducted scientific research in this regard and drawn conclusions. Israel established the medicinal properties of marijuana through its research program and used it on its soldiers in 2008. Currently, in Israel, medicinal marijuana is also kept in pharmacy shops. Similarly, the Parliament of Thailand is also regulating the production, export and import of medicinal cannabis in 2018 by making a law. Currently in the world, countries such as America, Germany, Australia, Mexico, Italy, Thailand, Israel, New Zealand and others are regulating medicinal marijuana by bringing it into legal scope. Various companies and industries are operating for this purpose. Although the current law does not prevent the cultivation, production, and storage of marijuana for medicinal purposes, even after half a century since the law came into effect, there is no procedural law, so even the provisions related to the cultivation of medicinal marijuana are limited to the provisions of the law.

Being aware of the medicinal properties of marijuana, our society has not been able to use it except for the normal use in the village, although it is mentioned in the law. While many countries of the world are unaware of the medicinal properties of marijuana, they are researching this matter and finding the medicinal properties and implementing the necessary laws. In this regard, even the United Nations  In 2020, taking into consideration the medicinal properties of marijuana, marijuana has been removed from Schedule 4 of the Convention on Narcotic Drugs, 1961 and limited to Schedule 1 only. 

What is important to understand here is that the intention of removing marijuana from Schedule 4 is not to say that marijuana does not affect health or that it is not addictive and harmful, it can also be used as medicine. Therefore, since there is a clear provision in the existing law for the cultivation of cannabis necessary for the use of medicinal cannabis and its salts, even if the procedural law is formulated, the law does not seem to be an obstacle to cultivating cannabis for this purpose .

Some countries including Uruguay, Netherlands, Canada, America, Georgia have opened limited quantities of marijuana for recreational purposes. These countries have a clear arrangement on how much to use. The use of marijuana for recreational purposes is legally prohibited in Nepal. Inspite of the legal provision that a person who consumes it can be imprisoned for up to one month or fined up to 2000 rupees, there is a social practice of consuming cannabis products during festivals like Shivratri. 

It has been discussed from the point of view that marijuana should be opened for recreational purposes in Nepal, and this will also help in the development of the tourism sector . The level of responsibility and social responsibility among the citizens of the mentioned countries is definitely different from our country. If we mimic the system of a certain country, it can have a negative impact on our social structure . It is also necessary to study how effectively the regulation of tobacco products that are open to us is being done on the issue of recreational marijuana. In Nepal, the Tobacco Products (Control and Regulation) Act, 2068 states that smoking and consumption of tobacco in public places will not be permitted. There is also the Tobacco Control and Regulation Directive, 2071. But we are experiencing practical difficulties in the implementation of the law due to the flexible provisions such as the agreement can be abandoned and a fine of 100 rupees can be imposed. Despite its medicinal properties, it is also clear from the research reports of various people and organizations including the World Health Organization about the nature of marijuana that creates constant addiction and is harmful to health. 

Currently, even though marijuana consumption is illegal, there is not a small group of young and old people who consume marijuana. According to the Drug Survey Report, 2076, it has been found that 80.4 percent of the initial users of drugs in Nepal use marijuana. If we look at the statistics of traffic accidents in Nepal, there were only 34,525 accidents in the year 2023/24. In which 2,369 people died, 6,160 were seriously injured and 25,996 were slightly injured. Among these accidents, how many accidents are due to the consumption of marijuana by the driver? When marijuana is opened for recreational purposes without a tight control and regulation mechanism with the necessary resources, it is sure to lead the Nepali society to the direction of idolatry.

Similarly, the fact that the amount of THC found in cannabis is less than 0.3 percent, it does not harm the human body is mentioned in the various research conducted by the World Health Organization. If we can produce marijuana with a THC content of 0.2 percent, then international law does not seem to hinder the operation of even a textile-based industry from this type of product . The arrangement which is also clear in Article 2 of the United Nations Convention on Narcotic Drugs . 

In Australia, Thailand and other countries, marijuana cultivation is done by setting up a company and obtaining a license from the relevant body. If this type of farming can be done in Nepal as well, employment opportunities can be created, domestic goods can be produced and consumed and exported. Its successful implementation can also help in increasing the economic index.  Even now, some domestic industries are operating using hemp plants as raw materials. From clothes, bags, hats to shoes made from the hemp plant, it is available in the market . If the legal mechanism for the cultivation of marijuana required for the operation of this type of industry can be created and implemented, domestic production will be encouraged. This type of effort can become a good practice for other countries as the world is suffering from the negative effects of drug addiction, illegal production, transportation, sale and distribution, and crimes such as murder, kidnapping, and extortion.

- Shrestha, who has worked for a long time in drug control and investigation, is the Deputy Superintendent of Police of Nepal Police.

घनश्याम श्रेष्ठ

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