INDUSTRIAL HEMP LEGISILATION IN KARNATAKA

The serial advent of international conventions over drug and its illicit trafficking pressured India to implement its provisions and objects at the federal level and hence The Narcotic Drugs and Psychotropic Substances Act, 1985 was enacted. Section 14 of the said act provides special provision relating to cannabis for the purpose of industry and horticulture. Recently the Government of Uttarakhand providing licenses for farmers to grow hemp or cannabis for industrial purposes under the above provision of law.

Prior to the enactment of NDPS Act, 1985, the majority of states in India have adopted the policy of prohibition and excise over the intoxicating drugs and intoxicating drinks. The policy of prohibition and Excise in Karnataka is governed by the Karnataka Prohibition Act, 1961 and The Karnataka Excise Act, 1965 respectively. The prohibition act imposes prohibition over intoxicating drinks and drugs and formulate exceptions to certain reasonable other purposes such as scientific, commercial, medicinal, industrial., and as such other purposes. 

After the enactment of Karnataka Excise Act, the policy of prohibition has been relaxed to regulate, control, and carryout the liquor trade in the Karnataka State. However the prohibition Act was not repealed and is still under the regulatory control of excise department.

The preamble of the Karnataka Prohibition Act is as under,

“An Act to amend and consolidate the law relating to the promotion and enforcement of and carrying out the policy of prohibition in the state of Karnataka.

Whereas, it is expedient to amend and consolidate the law relating to the promotion and enforcement of and carrying out the policy of prohibition of consumption except for medicinal purposes of intoxicating drinks and drugs and to provide for certain other purposes hereinafter appearing; “

Under the prohibition act, section 23 enables the authority to provide licenses for bona fide medicinal or other purposes. Section 23 reads as follows,

Section 23: Licenses for bona fide medicinal purposes:

The State Government, or, subject to its control, the Deputy Commissioner, may grant license to any person or in respect of any institution, whether under the management of Government or not, for the manufacture, export, import, transport, sale, possession, consumption or use of liquor, any intoxicating drug or hemp or any article containing liquor, intoxicating drug or hemp on the ground that such liquor, intoxicating drug, hemp or article is required by such person or in respect of such institution for a bona fide medicinal, scientific, industrial or such like purpose, or for sale, for any of the aforesaid purposes:

Provided that when any liquor, intoxicating drug, or hemp has been obtained by any person for a bona fide medicinal purpose from any person or institution, licensed to sell the same under this section, it shall not be necessary for such person to obtain a licence for the possession, consumption or use of the same

So far as Section 23 is concerned, the only set of rules made under this section is The Karnataka Prohibition (Intoxicating Drugs) Rules, 1966, whereas, the entire set of rules is only concerned about the recreational part of the cannabis/hemp plant, the intent of the legislator has been miscarried by the rule making authority by not considering the industrial utility of the hemp plant.

Rule No. 46 in the miscellaneous part of the above set of rules is as stated as under;

46. Destruction of seeds, etc.- The commissioner may order the sowing of such quantity of seeds in such manner as he deems fit and the destruction by such officers as he may authorize the seeds, stalk leaves and other refuse of hemp plants.

If the rules made under Sec.23 of KPA, 1961 was to make use hemp for industrial purposes as the legislator intended, the need for rule no. 46 of the above set of rule would not have been arises, since the seeds, stalk leaves and other refuge of hemp is what the raw materials for an industrial unit.

Hence there is a serious part on the state government to act on this issue and rectify the rules made under section 23 of Karnataka Prohibition Act which will be a boon to the hemp industry in Karnataka whereas it is lacking its pace due to heavy import burden of raw materials from the China, Canada, Uttarkhand, amounting to huge price burden on hemp products, that may not be utilizable by the people at large.