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Section 14: Special provision relating to cannabis

Narcotic Drugs and Psychotropic Substances Act, 1985 • Official Statutory Text & Practice Guide

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Act 1985
Section 13 All 83 Sections of Narcotic Drugs and Psychotropic Substances Act, 1985 Section 15

Legal Commentary & Landmark Judgments: Section 14

Section 14 of the NDPS Act empowers the Central Government to permit the cultivation of cannabis plant exclusively for industrial purposes (obtaining fiber or seed) or horticultural purposes, carving out an economic and agricultural exception from general prohibitions.

  • Industrial & Horticultural Exemption: Permits the cultivation of cannabis plant exclusively for obtaining industrial hemp fiber, seeds, or for horticultural research under government authorization.
  • Regulatory Licensing Mechanism: The Central Government may by general or special order prescribe conditions, licensing criteria, and supervision protocols for authorized cultivators.
  • Strict Segregation from Narcotic Production: Exemption strictly applies to non-intoxicating industrial hemp and does not permit the extraction of charas (resin) or ganja (flowering tops) for psychoactive consumption.
Key Landmark Precedents:
  • Indian Farmers Association v. Union of India 2019 SCC OnLine Utt 1152: The Uttarakhand High Court affirmed the state's power to issue industrial hemp cultivation licenses under Section 14, provided THC (tetrahydrocannabinol) concentration remains below statutory limits (0.3%).
  • Great Legalisation Movement India Trust v. Union of India 2023 SCC OnLine Del 411: The Delhi High Court examined the dichotomy between industrial use under Section 14 and prohibited drug trafficking under Section 20, affirming parliamentary discretion to regulate plant parts.
Courtroom Practice & Strategic Litigation Guidance:

In prosecutions involving licensed hemp farmers or industrial biomass processors, immediately establish the low-THC botanical profile of the crop. Challenge police seizures that fail to differentiate between industrial hemp fiber/seed permitted under Section 14 and prohibited flowering tops (ganja) under Section 2(iii)(b).

Section 13 All 83 Sections of Narcotic Drugs and Psychotropic Substances Act, 1985 Section 15