(1) Subject to the provisions of section 8, the State Government may, by rules—
(a) permit and regulate—
(i) the possession, transport, import inter-State, export inter-State, warehousing, sale, purchase, consumption and use of poppy straw;
(ii) the possession, transport, import inter-State, export inter-State, sale, purchase, consumption and use of opium;
(iii) the cultivation of any cannabis plant, production, manufacture, possession, transport, import inter-State, export inter-State, sale, purchase, consumption or use of cannabis (excluding charas);
(iv) the manufacture of medicinal opium or any preparation containing any manufactured drug from materials which the maker is lawfully entitled to possess.
Legal Commentary & Landmark Judgments: Section 10
Section 10 of the NDPS Act empowers State Governments to make rules permitting, controlling, and regulating the possession, transport, inter-state import/export, and sale of cannabis (other than charas), poppy straw, and manufactured drugs within the state, subject to Central rules.
If an accused is charged under Section 20 for possessing bhang or cannabis leaves, immediately invoke Arjun Singh r/w Section 10 to establish that bhang is excluded from Section 2(iii) and Section 20 NDPS Act. File an application under Section 227 CrPC (Section 250 BNSS) for discharge on the ground that only state excise laws apply.