In the upcoming fiscal year (FY 2023/24), the Nepalese government has included the subject of cannabis cultivation, known internationally as ‘green gold,’ in its budget. However, merely amending national laws may not suffice, as adherence to international conventions is also necessary.
Advocates have long been calling for the legalization of marijuana cultivation in Nepal, but legal restrictions have thus far prevented its realization. Nevertheless, the government has announced that it will conduct a feasibility study on cannabis farming for medicinal purposes within the country.
The debate surrounding marijuana cultivation was sparked in the past when a bill addressing the regulation and management of cannabis cultivation was presented in parliament. The bill specifically highlighted the plant’s medicinal properties and economic potential. Since then, discussions have ensued regarding the legalization of cannabis cultivation in Nepal. The recent inclusion of the proposal in the budget was met with applause and support from Members of Parliament (MPs).
Birodh Khatiwada, a lawmaker from the CPN (Unified Socialist) party, initially raised the issue of cultivating marijuana for medical use and research during the previous government’s tenure. MP Sher Bahadur Tamang, also from the CPN (Unified Socialist) party, registered the bill on marijuana in parliament, further championing the cause of legalizing marijuana cultivation. Additionally, the government of Karnali Province has mentioned cannabis cultivation, specifically for oil extraction and exports, in its annual policy and program. This program has stirred debate since the federal government currently supports a blanket ban on cannabis cultivation, categorizing marijuana as strictly prohibited. Although marijuana can be cultivated in 23 districts of Nepal, it remains banned at present.
Legalizing marijuana farming in Nepal not only requires amending the Narcotic Drugs (Control) Act of 2033 but also necessitates submitting an application to the Narcotic Convention to gain approval from the International Narcotics Control Board. Experts caution that legalization won’t be an easy task, as stated in the budget.
Section 4(A) of the Narcotics Control Act of 2033 prohibits the cultivation, production, preparation, purchase, sale, distribution, export or import, transportation, storage, or consumption of marijuana. Violators who consume marijuana can face up to one month of imprisonment and a fine of up to Rs 2000, while marijuana dealers may face life imprisonment and a fine of up to Rs 500,000. The Act classifies hemp, leaves, flowers, latex, and hashish derived from the marijuana plant as narcotics. The classification of medicines containing these components as narcotics has led to the ban on marijuana cultivation in Nepal.
Nepal is a signatory to the United Nations Single Convention on Narcotic Drugs of 1961, which classifies marijuana as a hard drug akin to heroin. Some countries have signed the convention on the condition that they are permitted to use marijuana for both medical and non-medical purposes. Canada, for instance, signed the convention with an exemption for marijuana use in various contexts. However, Nepal has accepted all conditions mentioned in the convention. Therefore, legalizing marijuana in Nepal necessitates submitting an application to the Narcotic Convention, which cannot be accomplished solely by amending the Narcotic Drugs Control Act of 2033.
Experts argue that immediate legalization of marijuana will not be straightforward. Hemant Malla Thakuri, a former DIG (Deputy Inspector General) with extensive experience in narcotics investigations, notes that while Nepal’s fertile land makes it suitable for cannabis cultivation, importing and exporting the banned substance presents significant challenges.
“Cannabis is not easily exportable from Nepal. There is no market in Nepal. Almost all countries cultivate cannabis for medicinal purposes. Where will Nepal’s products be sold? The budget proposal lacks market research and analysis. The bill introduced in the past and the current developments are illogical,” expresses former DIG Malla. However, former MP Sher Bahadur Tamang maintains that the country can gain financial benefits from marijuana cultivation and improve the livelihoods of its people.
“Our ancestors discovered the benefits of marijuana through research. It can benefit the global community. Nepal’s natural resources, including marijuana, can contribute to the global community’s well-being,” states MP Tamang. “We have gained knowledge about many things, and now we are discussing marijuana. Let us regulate and manage marijuana cultivation. By doing so, we can achieve economic prosperity for the people of Nepal and the nation. That is why we are undertaking this campaign.”
MP Tamang asserts that he has studied and analyzed marijuana production, its impact, economic prosperity, and other benefits for the country. He believes that Nepal’s marijuana quality is in demand in the international market. However, without effective management and regulation, smuggling and market access remain significant hurdles.
Marijuana cultivation has long been clandestine in several hilly districts and central Terai regions of Nepal. Farmers were paid by marijuana smugglers to grow the plant. Areas such as Dhading and Makwanpur, near Kathmandu, gained notoriety as cannabis centers. Marijuana was also cultivated on the outskirts of Lalitpur and Kathmandu. The hashish produced in the mid-western hills of Nepal, particularly in Rolpa, Rukum, and Salyan, is renowned for its high quality.
To evade heightened surveillance by security agencies, drug smugglers from Nepal began concealing marijuana powder within quilts. Marijuana cultivation was also observed in Bara, Parsa, and Rautahat districts of Madhesh Province.
While the debate on legalizing marijuana cultivation continues in Nepal, many countries, including Canada, the Netherlands, and Thailand, have already opened the sale and distribution of marijuana for medicinal and recreational purposes. Canada, for instance, had prohibited marijuana since 1923 but legalized it for medical purposes in 2001. Currently, marijuana distribution centers operate in Canadian provinces and municipalities, and households are allowed to cultivate up to four marijuana plants.
Certain states in the United States permit cancer patients to use marijuana for pain relief. Several countries, such as Spain, the Netherlands, Portugal, Slovenia, Jamaica, Chile, Peru, Colombia, Ecuador, and Luxembourg, have also legalized marijuana consumption. Medicinal marijuana is available in Israel, Argentina, Panama, Mexico, Turkey, Zambia, and Zimbabwe. The United Kingdom has initiated discussions on legalizing the medicinal use of cannabis.
During the 1960s “hippie” period in Nepal, when Westerners flocked to Kathmandu to consume marijuana, the substance was openly sold in the city’s streets. Eventually, under pressure from the United States, Nepal implemented a ban, citing a decline in the quality of life caused by cannabis. At that time, approximately 50 locations in Nepal were selling marijuana. Until 2032, Ayurvedic pharmacies in Nepal produced numerous medicines using cannabis, but they discontinued its use after the government banned marijuana. Research conducted by the World Health Organization (WHO) established cannabis as a medicinal plant, with a 98% medicinal value.
In Nepal, the police view marijuana as a security challenge. The Narcotics Control Bureau of Nepal Police, formerly the Drug Law Enforcement Unit, has been annually seizing and destroying marijuana plantations spanning thousands of bighas and ropanis of land. This raises questions about the viability of large-scale commercial cultivation in Nepal.
Former DIG Hemant Malla, who headed the Drug Law Enforcement Unit of Nepal Police (now the Narcotics Control Bureau), contends that the main objective behind the marijuana legalization debate is the desire to profit from exporting the substance, but market management has not been prioritized.
He explains that in countries where marijuana has been legalized, strict regulations and effective state mechanisms are in place to control and regulate its use, preventing the entry of smugglers. However, former DIG Malla argues that effective regulation and state mechanisms to curb cannabis smuggling are lacking in Nepal. Without a robust state apparatus, legalizing marijuana cultivation would essentially invite international smugglers. He emphasizes that significant quantities of marijuana are still being smuggled out of Nepal.