The Delhi High Court dismissed a petition by a law student, who sought necessary amendments in the Narcotic Drugs and Psychotropic Substances Act, 1985, along with a policy legalising the use of Cannabis and its allied products for medical purposes at a cost of Rs 10,000 to be deposited towards the High Court Bar Association Library fund.
The bench constituting of Chief Justice D N Patel and Justice C Hari Shankar stated “It appears this petition is seeking direction to legalise cannabis for medical use. It can only be done by bringing proper enactment or amendment under the Narcotics Drugs and Psychotropic Substances (NDPS) Act. We are not inclined to grant the prayer,” implying no substance in the petition to grant the plea.
The plea, filed through advocates Pankaj Mehta and R K Mehta claimed strong evidence of the medical benefits in cases of HIV/AIDS, cancer, nausea/ vomiting etc. and talked about legalisation of cannabis for medical purposes in several nations including Canada and the united states. Emphasising on the Right to Life under Article 21 and stating no scientific reason to support the ban, the advocates argued saying, “a person must be given every possible opportunity and treatment to cure or control his ailments. The NDPS Act is in violation of Article 21 to prevent patients suffering from diseases like cancer, chronic pain, lung ailments, epileptic seizures, Alzheimer’s syndrome, multiple sclerosis, bowel disorder, arthritis, HIV, etc. which can be cured and relieved by the use of compounds like CBD in the cannabis plant.”