Hemp is a variety of Cannabis sativa with very low THC (Tetrahydrocannabinol) content — below 0.3% by dry weight — that does not produce psychoactive effects. It is one of the most versatile plants in the world, used for textiles, food, paper, construction materials (hempcrete), CBD extraction, and biofuel. In India, hemp has a complex legal status that is evolving rapidly in 2025-2026.
Is Hemp Legal in India?
Yes — hemp is legal in India for industrial, medicinal, and research purposes, but with critical caveats. Hemp cultivation requires a government-issued licence. Without proper authorisation, growing hemp is illegal under the NDPS Act, 1985, even if the plant’s THC content is below 0.3%.
Hemp products — including hemp seeds, hemp seed oil, hemp flour, hemp textiles, and hemp-derived CBD (under 0.3% THC) — are legal to buy, sell, and manufacture in India without needing special licences as a consumer.
The NDPS Act and Hemp’s Legal Foundation
The Narcotic Drugs and Psychotropic Substances Act, 1985 defines ‘cannabis (hemp)’ to include ganja (flowering/fruiting tops) and charas (resin). Crucially, the Act excludes leaves and seeds (when not accompanied by flowering tops) from this definition, creating the legal space for hemp to exist.
Section 14 of the NDPS Act specifically allows the Central Government to permit licensed hemp cultivation for horticultural or industrial purposes (obtaining fibre or seeds). States can additionally permit cultivation for scientific and medicinal purposes under Section 10. This is the gateway through which industrial hemp cultivation is legally permitted in select states.
Which States Allow Hemp Cultivation?
As of 2025-2026, the following states have permitted licensed hemp cultivation: Uttarakhand (the first state, since 2018), Uttar Pradesh, Himachal Pradesh (piloting in 2025), and Madhya Pradesh. Rajasthan, Odisha, and Madhya Pradesh drafted new frameworks in early 2025 to expand hemp cultivation. Hemp cultivation in all other states requires explicit state government permission and is not generally available to farmers.
FSSAI Approval and Hemp Food Products
In a significant 2021 step, the Food Safety and Standards Authority of India (FSSAI) approved hemp seeds, hemp seed oil, and hemp flour as legal food ingredients. These are now found in protein powders, nutrition bars, cold-pressed oils, and health supplements available across India.
The FSSAI’s November 2021 notification also acknowledged CBD as the non-psychoactive component of cannabis and set maximum permissible CBD concentrations in hemp food products. This created the regulatory foundation for the rapidly growing Indian CBD market, which is projected to reach Rs 700 crore.
Final Thought
Hemp is legal in India for industrial, food, and wellness purposes, and its regulatory environment is actively evolving in farmers’ and entrepreneurs’ favour. Buying hemp products is perfectly legal. Growing hemp requires state-issued licences and must comply with NDPS Act requirements on THC content. If you are a farmer or entrepreneur interested in hemp cultivation, check your state’s specific hemp cultivation policy and apply for the required licences through the state agriculture or forestry department.
Frequently Asked Questions (FAQs)
Q1. Can I grow hemp in my home garden in India?
A: No. Personal cultivation of cannabis plants — including low-THC hemp — without a government licence is illegal under Section 8(b) of the NDPS Act, which prohibits cultivation of any plant of the genus Cannabis. The Kerala High Court’s 2025 judgment in Jatin v. State of Kerala confirmed that even small-scale cultivation (including potted plants) constitutes a criminal offence.
Q2. Is hemp seed oil legal to buy in India?
A: Yes. Hemp seed oil is extracted from hemp seeds and contains negligible THC and no psychoactive compounds. It is completely legal to buy, sell, and use in India as a food ingredient and cosmetic. It is widely available in health stores and online platforms without any restrictions.
Q3. What is the difference between hemp and marijuana?
A: Both are varieties of Cannabis sativa, but they differ significantly in THC content. Hemp contains less than 0.3% THC and produces no psychoactive effect. Marijuana contains much higher THC levels (typically 5-30%) and is the cannabis variety used recreationally. Under Indian law, marijuana (ganja) is a prohibited narcotic, while hemp is legally permitted for industrial use.
Q4. Can I import hemp products into India?
A: Import of hemp-based consumer products (hemp seed oil, hemp textiles, hemp food products) is possible subject to FSSAI compliance for food products and standard customs regulations. Import of hemp plants or seeds for cultivation requires government authorisation. CBD products imported from abroad face additional scrutiny and may be seized if they do not comply with Indian THC and licensing standards.
