Is Delta 9 THC Legal in India After the 2026 Law Changes?

It is strictly regulated.

Delta 9 THC in India is governed by the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985, which classifies it as a Schedule I substance. While hemp-derived products with <0.3% Delta 9 THC are permitted under state-specific licenses (e.g., Uttarakhand’s 2021 hemp pilot program), recreational or unregulated use remains illegal. The 2026 draft amendments to the NDPS Act propose stricter penalties, including mandatory minimum sentences for trafficking, signaling tightening enforcement.


Key Regulations for Delta 9 THC in India

  • NDPS Act Scheduling: Delta 9 THC is listed under Schedule I of the NDPS Act, prohibiting its production, sale, or possession without state-authorized licenses.
  • State-Level Exemptions: Only Uttarakhand, Himachal Pradesh, and Uttar Pradesh permit licensed hemp cultivation (≤0.3% Delta 9 THC) for industrial/medical use, subject to state nodal agency oversight.
  • 2026 Compliance Shifts: Proposed amendments introduce stricter trafficking penalties (minimum 10-year imprisonment) and mandatory drug testing for suspected offenders, aligning with global narcotics control standards.