Uses of Cannabis leaves in Indian Ayurvedic medicine - legality and limitations

The use of cannabis and cannabis leaves in medicine has captured the imagination of the people. Contrary to popular belief, the use and consumption of cannabis and cannabis leaves are not completely banned in India. It is permitted for medical and scientific purposes, subject to compliance with applicable laws. In this article, we have discussed the legality of using cannabis leaves in medicinal and ayurvedic medicines.

What are the laws governing the use of cannabis leaves in medicine in India?

There are two sets of laws regulating the use of cannabis leaves in medicine – the first set of laws treats cannabis leaves as a potent narcotic drug, and the second set of laws treats cannabis leaves as a narcotic and a taxable one. considers as. behaves like an object, ie. Source of revenue for the government.

Narcotic drugs

The Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) regulates the use of narcotic drugs in medicine in India. In the context of cannabis, it identifies three things as narcotic drugs: 1. The cannabis plant as a whole, including its parts such as the leaves; 2. Bhang means whether the flower or fruit of the cannabis plant is separated from the cannabis plant or not; and 3. The resin of the cannabis plant, when separated from the cannabis plant (popularly known as charas or hashish).

The NDPS Act treats cannabis leaves as a 'narcotic drug' only if: 1. They are associated with the cannabis plant; 2. When they are separated from the cannabis plant but not from its flowering or fruiting apex; and 3. If they contain resin from the cannabis plant.

Therefore, the leaves of the cannabis plant are not regulated as narcotic drugs in India under the NDPS Act. They are regulated as narcotic drugs only if they are associated with a narcotic drug, that is, when they are attached to the cannabis plant or its flowering or fruiting tops or when they contain resin from the cannabis plant. This legal position has been upheld by the Indian courts and accepted by the Government of India.

Intoxication

Every state in India has an excise law, for example, the Madhya Pradesh Excise Act, 1915. These laws are sometimes called prohibition laws, for example, the Maharashtra Prohibition Act, 1949. The purpose of these laws is to control access. To empower the State Government to levy duty on the manufacture and supply of narcotics.

Almost all state laws in India recognize cannabis leaves as a narcotic, just as they recognize alcohol as an intoxicant. This means that cannabis leaves cannot be produced (ie separate from the cannabis plant) or used for commercial purposes without a license. For example, if a drug manufacturer wants to use cannabis leaves in its medicines, it must have an appropriate license to purchase cannabis leaves and use them for medicinal purposes. Needless to say, a 'fee' (or tax) will also have to be paid to the manufacturer for the purchase of cannabis leaves.

Why is the use of cannabis leaves more prevalent in Ayurvedic medicines than medicinal medicines?

The marketing of drugs in India is regulated by the Drugs and Cosmetics Act, 1940 (DCA). Currently, there is no pharmaceutical drug containing cannabis or cannabis leaves (or cannabinoids) approved under the DCA for sale in India. If a drug manufacturer introduces a drug based on cannabis or a cannabis medicine in India, it must first conduct a clinical trial of such a drug and establish its safety and efficacy. Conducting clinical trials is an expensive and time-consuming process. In addition, cannabis is rarely cultivated officially in India. Therefore, it is difficult to procure the standard quality hemp or hemp leaves that may be required in the manufacture of pharmaceuticals containing hemp or hemp leaves or their extracts.

However, Ayurveda as a branch of medicine clearly recognizes the use of cannabis and cannabis leaves in the manufacture of Ayurvedic medicines. This means that if a standard Ayurvedic medicine is to be manufactured that contains cannabis or cannabis leaves, no clinical trials will have to be conducted before its commercial launch. This makes the Ayurvedic system of medicines an obvious choice for manufacturing and selling cannabis and cannabis medicines.

Why do manufacturers use hemp leaves instead of cannabis in Ayurvedic medicine?

Cannabis contains chemicals that have therapeutic properties. These chemicals are commonly known as cannabinoids. Of the many cannabinoids, cannabidiol (CBD) and tetrahydrocannabinol (THC) are among the most sought after for their medicinal properties.

The flowers and buds of the cannabis plant contain significant amounts of both CBD and THC. Their percentage is relatively negligible in the leaves of the cannabis plant.

However, the use of hemp leaves in medicine is preferable to cannabis in general. there are reasons for it. First, it is relatively easy to procure cannabis leaves as they are not regulated as 'narcotic drugs'. Second, cannabis leaf-based medicines do not require a license to sell in each state under the NDPS Act as cannabis-based medicines do.

Are there any specific labeling declarations that are applicable to manufacturers of ayurvedic medicines made out of cannabis leaves?

Manufacturers of ayurvedic medicines containing cannabis leaves or extracts must put the following declaration “Caution: to be used taken medical supervision” in English and Hindi on the label of the medicine, if the medicine is for internal use. As per an advisory issued by the Ministry of AYUSH, these medicines should be sold under a prescription of a registered medical practitioner. They are not required to be labeled as “NRx”, however, since these medicines are not narcotic drugs.

What are the limitations of the use of cannabis leaves in ayurvedic medicines?

The manufacturers of ayurvedic medicines containing cannabis leaves or their extracts must be careful to not use a resin that may be deposited on the leaves of the cannabis plant for the preparation of medicines. The resin found on any part of the cannabis plant (including leaves) is considered narcotic, and its use in ayurvedic medicine will make the ayurvedic medicine a narcotic drug, which in turn will invite several additional compliances such as manufacturing quota, mandatory sale license, and record-keeping.

The manufacturers should also be careful to not disturb the natural balance of cannabinoids is found in leaves of the cannabis plant while using cannabis leaves or their extract in the medicine. One of the cannabinoids, THC, is known for its psychoactive properties and is regulated as a psychotropic substance under NDPS Act. If the cannabis leaves are used specifically to extract THC out of cannabis leaves for subsequent use in ayurvedic medicines, then there is a risk that the ayurvedic medicine may be regulated as a psychotropic substance under the NDPS Act, thereby inviting additional compliances.

Read more: VEDI