Is it legal to sell or buy hemp, marjuna or bhang made sweet items and beverages to the consumer and any laws to export those items.to other countries where they have a law to market those products

hello sir/ maam, 

The 1961 international treaty Single Convention on Narcotic Drugs clubbed cannabis with hard drugs. During the negotiations, the Indian delegation opposed its intolerance to the social and religious customs of India. As a compromise, the Indian Government promised to limit the export of Indian hemp, and the final draft of the treaty defined cannabis as

"Cannabis" means the flowering or fruiting tops of the cannabis plant (excluding the seeds and leaves when not accompanied by the tops) from which the resin has not been extracted; by whatever name they may be designated.
— Commentary on the Single Convention on Narcotic Drugs, 1961: Paragraph I, sub paragraph (b)

Bhang was thus left out from the definition of "cannabis". This allowed India to carry on the tradition of large-scale consumption of bhang during Holi. The treaty also gave India 25 years to clamp down on recreational drugs. Towards the end of this exemption period, the Indian government passed the Narcotic Drugs and Psychotropic Substances Act in 1985.

The NDPS maintained the same definition of "cannabis", excluding bhang from its purview:

"cannabis (hemp)" means:
(a) charas, that is, the separated resin, in whatever form, whether crude or purified, obtained from the cannabis plant and also includes concentrated preparation and resin known as hashish oil or liquid hashish;
(b) ganja, that is, the flowering or fruiting tops of the cannabis plant (excluding the seeds and leaves when not accompanied by the tops), by whatever name they may be known or designated; and
(c) any mixture, with or without any neutral material, of any of the above forms of cannabis or any drink prepared there from
— NDPS Act, 1985: I.2.iii

NDPS banned the production and sale of cannabis resin and flowers, but permitted the use of the leaves and seeds, allowing the states to regulate the latter.

and hence it is not legal to sell or buy hemp or marjuna in india but bhang made sweet items cn be consumed .

I hope this solve your query.

regards,

varnita ojha 

Hello sir/ ma'am,

The major Central Drug laws of India are the Narcotic Drugs and Psychotropic Substances Act (1985) and the Prevention of Illicit Trafficking in Narcotic Drugs and Psychotropic Substances Act (1988).

The NDPS ACT 1985 defines “cannabis” under section 2(iii) as-
(a) charas, that is, the separated resin, in whatever form, whether crude or purified, obtained from the cannabis plant and also includes concentrated preparation and resin known as hashish oil or liquid hashish;
(b) ganja, that is, the flowering or fruiting tops of the cannabis plant (excluding the seeds and leaves when not accompanied by the tops), by whatever name they may be known or designated; and
(c) any mixture, with or without any neutral material, of any of the above forms of cannabis or any drink prepared therefrom;
(iv) "cannabis plant" means any plant of the genus cannabis;

However, growing cannabis is illegal under section 2(viiib), which includes in the definition of “illicit traffic” the cultivation of “any cannabis plant”.

What happens when you are caught with weed or marijuana?

Even possessing prohibited drugs (weed or marijuana) in India is an offense under the NDPS Act. The purpose of possession of drugs is not relevant and the punishment depends upon the quantity of drugs in possession. If a person is caught with drugs or found to be a drug addict, he/she would not be subject to prosecution if he/she voluntarily chooses to undergo de-addiction treatment. 

Exporting of Cannabis falls under the definition of “illicit traffic” under 2(viiib)(iii) where engaging in the production, manufacture, possession, sale, purchase, transportation, warehousing, concealment, use or consumption, import inter-State, export inter-State, import into India, export from India or transhipment, of narcotic drugs or psychotropic substances; is termed as illicit trafficking

Section 20 of provides for the punishment as to production, sale/purchase, whereas Section 23 provides for Punishment for illegal import into India, export from India or transhipment of narcotic drugs and psychotropic substances where-

• For holding a small quantity, the prescribed punishment is rigorous imprisonment for up to 6 months, fine of Rs. 10,000 or both.
• For holding more than a small quantity but less than the commercial quantity, the prescribed punishment is rigorous imprisonment for up to 10 years, fine of Rs. 1 lakh, or both.
• For holding commercial quantity, but slightly less than commercial quality, the prescribed punishment is rigorous imprisonment for up to 10-20 years, fine of Rs. 1-2 lakh, or both.

In Arjun Singh Vs. State of Haryana (2004), Chandigarh High court proceeded with confirming the above, bhang is not “cannabis (hemp)” under the act, but it is a “cannabis plant”. Under the restrictions of the law, it’s therefore not illegal to consume cannabis leaves, but it is illegal to grow the plant.

Hope i was able to solve your query, good day!