Introduction
THC oil, a concentrated extract from the cannabis plant, is gaining attention in India for its potential medical benefits and controversial legal status. As global attitudes toward cannabis evolve, many in India are curious about the current laws, risks, and opportunities surrounding THC oil. Here’s what you need to know about THC oil’s legality, medical use, and future in India.
Understanding THC Oil
THC (tetrahydrocannabinol) is the main psychoactive compound in cannabis, responsible for the “high” associated with marijuana. THC oil is a potent extract, often used for both recreational and medicinal purposes. It differs from CBD oil, which contains little to no THC and does not produce psychoactive effects.[1]
Legal Landscape of Cannabis in India
At first, the Narcotic Drugs and Psychotropic Substances Act of 1985 prohibited the use of cannabis flowering tops; nevertheless, AYUSH authorized and permitted the use of cannabis leaves and seeds. Full-spectrum CBD oil consumption became legal in India in 2018 when the Ministry of Health and Family subsequently authorized the use of medicinal cannabis for therapeutic reasons.
India’s approach to cannabis is shaped by NDPS. This law prohibits the production, possession, and consumption of most forms of cannabis, including products with significant THC content. However, exceptions exist for certain plant parts:
- Bhang (made from cannabis leaves) is legal in several states and sold in government-licensed shops due to its cultural and religious significance.[2]
- Ganja (flowering tops) and charas (resin) are illegal and carry severe penalties for possession or sale.[2]
Some states, such as Uttarakhand and Himachal Pradesh, are exploring regulated hemp cultivation for industrial and medicinal use, but these efforts are tightly controlled and mainly focus on low-THC varieties.[3]
In India, brands who sell goods like CBD oil must make sure they comply with regulatory inspections. By only purchasing hemp leaves from the government and only providing prescription-based drugs to clients with a signed, valid prescription, Cannazo India complies with legal requirements.[5]
The Legal Status of THC Oil in India
THC oil’s legality in India is nuanced and depends on its intended use and source:
- Recreational use: THC oil with psychoactive levels of THC remains illegal for recreational use under the NDPS Act. Possession or sale can result in imprisonment and heavy fines.[2]
- Medicinal use: THC oil can be legally obtained for medical purposes, but only under strict conditions:
- It must be prescribed by a registered medical practitioner.
- The product must be approved by regulatory bodies such as the Ministry of AYUSH or the Central Drugs Standard Control Organization (CDSCO).[4]
- Only full-spectrum cannabis leaf oil (not from flowers or resin) is permitted, and it is classified as a proprietary Ayurvedic medicine.[4]
THC oils with more than 0.3% THC are considered narcotic drugs unless specifically approved for medical use.[1],[4]
What You Should Know Before Purchasing THC Oil in India
If you are considering purchasing THC oil in India, keep the following in mind:
- Prescription required: Legal purchase is only possible with a valid prescription from a registered medical practitioner.[4]
- Regulatory approval: The product must be approved by Indian authorities (Ministry of AYUSH or CDSCO) and manufactured under strict guidelines.[1]
- Source matters: Oils derived from cannabis leaves are permitted for medical use, while those from flowers or resin are not.[4]
- THC content: Only products with THC content below 0.3% are generally allowed, except in the case of approved Ayurvedic medicines.[1], [4]
- Risks of illegal purchase: Buying unapproved or recreational THC oil can result in severe legal consequences, including imprisonment and fines.[2]
THC Oil for Medical Use: Legal or Not?
THC oil is legal for medical use in India under the following conditions:
- It is prescribed by a registered medical practitioner.
- It is manufactured and sold by licensed companies, following approval from regulatory authorities.[1],[4]
- It is classified as a proprietary Ayurvedic medicine, and the sale is tracked and regulated.[4]
Without these safeguards, possession or use of THC oil is illegal and subject to prosecution.
The Future of THC Oil in India
With increasing support for decriminalization and medicinal research, opinions regarding cannabis are gradually changing in India. In several states, hemp farming is being piloted, and programs for controlled medical cannabis are being investigated. But federal legislation is still stringent, and legislative adjustments would be necessary for any meaningful liberalization.[2],[3]
The future may see:
- Expanded medical cannabis programs.
- Clearer regulations for THC and CBD products.
- Increased research into the therapeutic benefits of cannabinoids.
For now, the legal landscape is evolving, but caution and compliance with existing laws are essential.
Conclusion
THC oil remains tightly regulated in India. While recreational use is illegal and carries severe penalties, medical use is possible under strict conditions: a valid prescription, regulatory approval, and adherence to manufacturing standards. The legal environment is complex and varies by state, but any use outside the medical framework is risky. As public opinion shifts and some states push for reform, future changes are possible, but for now, strict compliance is required.
FAQs
- Is THC oil the same as marijuana?
No. THC oil is a concentrated extract from the cannabis plant, often containing higher levels of THC than raw marijuana. Marijuana refers to the dried flowers and leaves of the cannabis plant, which are typically smoked or ingested. THC oil is used in smaller doses and can be much more potent[4]
- Can THC oil be used for medical purposes in India?
Yes, but only under strict conditions. THC oil can be prescribed by a registered medical practitioner for certain health conditions and must be sourced from licensed, approved products classified as proprietary Ayurvedic medicines.[1],[4]
- What is the penalty for possessing THC oil in India?
Possession of THC oil without a valid prescription and regulatory approval is illegal and can result in imprisonment for up to 10 years and fines up to 100,000 rupees, depending on the quantity and circumstances.[2]
Key Takeaway:
THC oil is not broadly legal in India. It is only permitted for medical use with a prescription and must be sourced from approved, regulated suppliers. Recreational use or possession can result in severe penalties. Always consult a medical professional and verify the legal status before considering THC oil in India.
References
- Gandhi, R. (2025, May 2). CBD Oil Is Legal in India — But Under These Conditions. Hempbuti. https://www.hempbuti.in/blogs/news/cbd-oil-is-legal-in-india
- Is THC legal? Legal Status of THC in Cannabis. (2024, November 11). Urhemped. https://urhemped.com/blogs/cbd-benefits/is-thc-legal-legal-status-of-thc-in-cannabis
- CannazoIndia. (2025, March 19). The popularity of cannabis-derived products has surged globally, with CBD oil and hemp oil gaining significant attention for their potential health benefits. However, in India, the legal status of these products is a topic of growing interest and debate. Linkedin.com. https://www.linkedin.com/pulse/cbd-oil-vs-hemp-understanding-legal-status-india-cannazoindia-8r84c
- Hempstrol. (2023, September 28). Understanding THC Oil: Legal Implications and Usage in India. Hempstrol.com; Hempstrol. https://www.hempstrol.com/understanding-thc-oil-legal-implications-and-usage-in-india
- Blocked. (2025). Cannazoindia.com. https://cannazoindia.com/cbd-oil-in-india-benefits-uses-and-legality/
