Growing cannabis is offence under NDPS Act, whether in soil or in pots: Kerala High Court

The Kerala High Court has ruled that cultivating cannabis plants constitutes an offence under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, regardless of whether the plants are grown in soil or in pots.

The court observed that even if the cannabis plants are grown in pots rather than directly in the soil, such an act would fall within the meaning of 'cultivating a cannabis plant' as prohibited under Section 8(b) of the NDPS Act and punishable under Section 20(a) of the NDPS Act.

The court rejected the argument that pot cultivation should be treated differently, emphasizing that the law prohibits cannabis cultivation in any form, place or medium.

[Jatin v State of Kerala]