The unawareness and lack of education regarding the difference between hemp and recreational cannabis and the political link between the two, is impeding Himachal Pradesh’s ability to cash in on the biggest upcoming industries around cannabis in the world. Hemp cultivation has become green gold in countries like China and the United States of America.
At the same time, while sitting on this mine of green gold, the Hill State is facing the wrath of charas/drug mafia due to illegal cultivation in rural areas where people have bleak opportunities of alternative employment.
The public, as well as the government, are under the false impression that legalizing cultivation would make things worse, especially for the youth.
Overview of the booming global hemp market
As of 2017, around 36 countries were growing industrial hemp in accordance with rules and regulations of their respective governments.
Hemp is endorsed by in fibre market by big names like Adidas, Nike, Specialized Bicycle, MERIDA, TREK, Capo, Assos, Rapha, Marcello Bergamo, Castelli etc.
Hemp fibre accounted for 40.4% of the revenue in 2017 on account of high demand from the textile.
The global industrial hemp market is booming and expected to reach USD 10.6 billion by 2025, says a report by Grand View Research, Inc.
It’s generating billions in revenue and creating investment opportunities. China is the biggest producer as it claims 50 percent of the total supply to the global market. China’s hemp industry is all set to grow into a US $14,66,49,10,000 fortune in just five years.
China is fetching the US $1,500 per hectare is which higher than the common crops like corn. Its produce is mostly exported to US, Europe, Japan, Korea, Hong Kong, etc.
Shanxi Greenland Textile is the largest hemp fibre processor in China.
About 606 patents are already in existence, and China holds the 309 patents relating to hemp products.
In the US, Hemp Business Journal predicts industry growth of 700% to a value of 1.8 billion dollars by 2020 owing to hemp-derived CBD, food, personal care and industrial products
The total sales for the U.S. Hemp Industry in 2017 were $820 million.
Hemp is useless for charas mafia
When American farmers first grew hemp as a legal crop, a large number of other people believed they were growing drugs or cannabis for smoking. This is the biggest misconception faced by the policymakers in India.
Hemp is one of the varieties of Cannabis sativa, which cannot be used as a psychoactive substance. In simple words, it would not get you high even if you try to do so by smoking it because it contains negligible amount (.3%) of the psychoactive substance Tetrahydrocannabinol (THC).
This variety of cannabis family is different from what is being cultivated illegally in Himachal, which contains a much higher amount of THC.
Genetically modified seeds with low THC content
The researchers are already working on developing genetically modified hybrid seeds which could deliver more produce with a negligible amount of THC. Similar efforts are being made in the neighbouring state Uttarakhand and Jammu & Kashmir where the hemp cultivation has already been made legal. However, the stigma associated with cannabis family is holding back the hemp industry.
However, the misunderstanding due to the link of hemp to the cannabis family has resulted in several restrictions on hemp cultivation, processing, distribution, and consumption.
Himachal’s policymakers should not make a similar mistake and spoil the chances of socio-economic upliftment through this green gold.
Recreational Cannabis Can’t Be Grown Under Cover of Hemp
The countries cultivating hemp has not faced any such problems because these two types of cannabis varieties can be distinguished easily. Also, the cultivation cycle is also different from the recreational cannabis. Moreover, the cultivation area, which is beyond complete surveillance throughout the year, would automatically provide all details regarding the total area of cultivation with specific locations, total produce, and sale to manufactures.
Anyone who is given license to cultivate hemp legally after fulfilling all official formalities and conditions would deter from violating it by trying to cheat the authority.
A global cannabis market of billions of dollars is ready to make large investments in India with a potential of creating employment for approximately 2.8 million people.
The cultivators can earn approximately Rs, 40,000 per acre in 100 days. Further, India has a potential to export hemp and cannabis products worth $330 million.
Canadian Hemp Trade Alliance, in 2016, Canadian exports of hemp rose from $600,000 to $45 million and is expected to grow to $40 – $80 million by 2020.
Companies in the market are producing fibres that are water repellent, fire retardant, absorptive, and super soft. China was the first to carry out a research on hemp and use it in the military for uniforms and bulletproof jackets.
Hemp is so strong and lightweight that the auto industry is using it for luxury car parts. It also makes good construction material in homes, and researchers are of the opinion that hemp biodiesel could one day be used as clean fuel.
The market boom can be attributed to increasing awareness about hemp, thus, growing demand for hemp-based food products including cooking oil, dairy alternatives, flour, salad, and for bakery products such as bread and cookies
If the extensive data and policy plan provided in a Public Interest Litigation (PIL) filed by advocate Deven Khanna, in the State High Court, Himachal can kill two birds with one stone if it could bring the cultivation of hemp under legal framework for industrial and medicinal purposes. A bench of Acting Chief Justice Sanjay Karol and Justice Sandeep Sharma, on July 19, after taking stock of the situation of the state in terms drug/substance use, had expressed worries about it saying the situation has reached an alarming level.
The Court has directed the government to take every possible measure including at the level of policymakers to eradicate this nuisance. Along with directions to law enforcement agencies, the court had also asked the government to consider cannabis cultivation for alternative purposes, especially medicinal.
Government may also consider hiring services of some research Agencies, who in turn may advise/recommend alternate use, especially medicinal use, if any, of cannabis plant grown in the State of Himachal Pradesh, so that local residents, involved in illegal trade of cannabis, are encouraged to use cannabis plants for producing some medicines or substances which can be used legally,
the court had stated in the order.
Existing Provision in ND&PS Act empowering state govt to legalise cannabis/hemp cultivation
Section 14 of the ND&PS Act empowers the government to, by general or special order, permit cultivation of cannabis exclusively for horticultural and industrial purposes. The Central Government shall encourage research and trials of cultivars of cannabis with low THC content. The Central Government shall, however, follow a cautious, evidence-based approach towards the cultivation of cannabis for horticultural and/ or industrial purposes and shall take decisions based on the result of researches.
The Section 10 of the Act when read with Section 8, empowers the state governments to licence cultivation of cannabis for medical and scientific purposes.
Hemp cultivation is very specific in terms of its requirement for the climatic conditions. As the altitude and climatic conditions of the Hill State favour cultivation of cannabis, the plants could be found in almost every region from tribal areas to International tourist destinations like Kullu and Shimla.
On the top of these advantages including the positive response of the High Court, there is already a provision in the ND&PS act, which the government can use to allow hemp cultivation.
This alternative can also eradicate charas/hashish mafia – one of the biggest concerns of Himachal.
Also, as the hemp has no natural enemies like animals, insects, pests etc, farmers do not need to worry about the damages caused by wild animals or making expenditure on pesticides.
Himachal’s struggle to check drug/substance abuse nuisance
If we take a look at the current situation, in district Shimla only, the police have registered about 24 cases under the Narcotic Drugs & Psychotropic Substances (ND&PS) Act from July 1 to August 8, 2018. In July, about 70 percent of cases were registered against Heroin (Chitta) offenders other than Charas, opium, and other drugs.
However, in August, the Shimla Police seized a high quantity of Charas in two cases, which could be considered as significant achievements. On August 8, police allegedly nabbed three persons including a female with 8.143 kg of Charas, and the case was registered at the Police Station, Theog.
Earlier, on August 2, the police had got it hands on a person who was allegedly carrying 3.3 kg charas.
However, such a high number of cases under ND&PS also indicate a commercial level cultivation of cannabis illegally.
As per the Director General of the Police, RS Mardi, 94.267 kg charas was recovered between April, May and June 2018.
As per the DGP’s affidavit submitted to the court,
In the year 2012, 282.370 Kgs. charas was recovered from Himachal, whereas in the year 2013, it increased to 314.962 Kgs. As per the ‘NCB’, 356.963 Kgs. charas was recovered in the year 2014.
In 2016, the amount of seized charas rose to 377.535 kgs and 134 kg charas in first seven months of 2017.
Further, the climate change has affected Himachal’s common crops and fruit crops, especially apple. Amid such times, the policymakers need to work for diversification of cultivation of crops so that a supplementary income could be provided through the cultivation of Hemp in a rotational growing cycle along with major conventional crops.
Major challenges for the hemp industry in India
The major challenges that the hemp industry face in India are lack of precedence with regards to regulatory landscape, interlayered ministerial roles and responsibilities, regulatory void caused due to lack of independent and consolidated regulator, lack of standard material for research amongst academics and institutions, concurrent policy clarity with regards to forward-looking nature of the hemp industry.
The State High Court would be conducting next hearing in the petition filed regarding the legalisation of hemp cultivation in Himachal on August 14, 2018. The court had already directed the state government to make a call over the decision. The ball is in the government’s court.
LawUmbrella 