Hi Nithin,
I am Saket Bhattad, a lawyer by profession practicing in Nagpur.
I got pumped up reading the last line of your latest post on Hemp - “It will be awesome to get input from anyone who has spent time on this”. All hail technology for normal folks like me have a chance to get connected with you!
I did spend some time and resources on cannabis and this has been my story:
2019: My cousin’s (who lives next door) beautiful toddler daughter is diagnosed with epilepsy, and she is getting many seizures a day. Modern medicine practicing doctors tell they have no cure. We look out for alternatives, ayurved, homeopathy, herbal, no cure. Then we looked outside and found such cases are being cured by doctors in US by giving medical marijuana to patients, including children, and they are getting fantastic results. We try to get our hands on it, but it’s illegal, therefore we don’t proceed with it.
2020: In December, a very important UN voting takes place and Cannabis and its products are removed from Schedue IV of Single Convention on Narcotic Drugs, 1961; which meant Cannabis is no longer in the category of drugs like cocaine, meth, et cetera. This voting started being interpreted as Cannabis is now a medical plant.
So first, India has to ammend NDPS Act, 1985 by omitting the word “cannabis” from its definition of narcotics, to give it Government’s consent for public use.
But things are not that simple; India, just like US, is a union of states, where individual states get to make their own laws pertaining to law & order and revenue. So therefore the NDPS Act, 1985, specifically approved the States to make their own decisions if cannabis is being used for “industrial or medical purposes”. So therefore, it’s ultimately in hands of individual states to allow its medical or industrial use. In a Writ Petition before Delhi High Court in 2022, Central Governemnt admitted that they have never stopped State Governemnts to make any law for medical or industrial use of cannabis. So ultimately, it’s all in the hands of States.
With all of this in my head, I decided to gain confidence of my elders to take this up as a project and get medical marijuana license in Maharashtra. Hesitant at first, my family members later got convinced when I showed them various credible sources of how wonderful cannabis is, and how helpful and profitable this project can be.
30/12/2020: Me and my chacha (who’s also a lawyer), visit Dr. Rajpal Kashyap, Director of Central India Institute of Medical Sciences, Nagpur, (CIIMS) a bio-research facility in Nagpur. We explain him the entire thing, again, he was hesitant at first. But later he guided us what can be done.
Dr. Rajpal Kashyap asked us to submit formal research application at CIIMS, for “Medicinal Properties and Application of Cannabis”. We submitted the application and also submitted an application for Review of Literature on Medical Cannabis.
24/04/21: After about 4 months, we receive a Literature Review on Cannabis, one with a separate thick book of all the thesis’s and studies that were relied on by the researchers at CIIMS.
Writing review was one thing, getting hands on the real plant was something else. Cannabis was illegal, the plant was no where to be found for study, and even after my stretched request for them to accept illegally sources of cannabis for research purposes (I swear there’s no pun intended), they straightaway denied getting anywhere near an illegal object, and god bless them for that.
So I asked Dr. Kashyap, how do we make it legal, unless we test on it and scientists publish findings. He explained me the way-
1st we have to get it sourced from an international grower, who have well recorded concentrations of THC CBD and other such specifications that can be useful as a base product by scientists here in India.
Then we test on it. CIIMS is legally and technically equipped to run such tests, in fact CIIMS also has a few Patents in the medical field.
If tests run through in favour of medicinal properties, we approach Aayush Ministry, whom Dr. kashyap says has very good connect with, and do human trials on the findings of their earlier tests.
Once approved in human trials, we can begin legal farming of cannabis and setting up ecosystem around it.
Again with all this in my head, I started look for contacts who could get me in touch with Sh. Rajendra Shingne, who was FDA Minister of Maharashtra in the erstwhile MVA Governemnt in Maharashtra.
I got lucky. In early June 2021, I met Sh. Rajendra Shingne in Bhuldhana, his home constituency and explained him everything in detail, he got convinced and directed me to come to Mumbai to meet him again in Mantralaya.
25/06/2021: I went to Mumbai and again explained him the entire thing. He told me that he cannot get into technicalities directly, and such technical subjects must come to him with proper channel. He directed me to explain everything to Sh. Saurabh Vijay, IAS Secretary to the FDA Minister. I did so.
Sh. Saurabh Vijay directed his OSD Rakesh Waghmare to look into it.
OSD Rakesh Waghmare told me that it should come to his office from a Commissioners office, and directed FDA Joint Commissioner Gahane to look into the matter and prepare report.
JC Gahane did not gave me satisfactory replies and always diverted me for months at a stretch.
Before I could again start over from the top, the MVA Governemnt got toppled and Rajendra Shingne was no longer a minister.
Today 23/04/23: I saw your post and instantly got excited to even think of getting connected with you on this. I lack resources to make things happen. The present FDA minister, Sh. Sanjay Rathod, has even far better connect with me than his predecessor Rajendra Shingne.
But I realised I cannot do this just by doing lawyer stuff, I need to do the business stuff as well. I lacked there. I do not have the resources to make this happen.
If you came this far, I think the least I would ask from you is to have a proper brainstorming on coffee (or green tea if thats your thing) about this topic. I would bring my documents related to all of the above and we can discuss over the possibilities. No unnecessary expectations and no awkward commitments. Simple, pure, brainstorming.
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