• Legal status of medicinal cannabis

Dear Sir/Madam

I have lost my grand mother to cancer a while ago. I saw her suffer the radiation effects for months and they had to sedate her often to relief her from pain. If only we knew that THC oil could have helped my heal and recover from the deadly disease. Now Cancer has spread around the world and has become a major epidemic to human race. Many of our loved's lives either alive or dead have been traumatised. Many patients and their families are not aware of this alternative medicine and its benefits. It is intact the government's responsibility to educate and protect our cultures wisdom and our connection to plants. 

I have done enough research on the subject and I am confident that I can argue the case myself as we have enough evidence to take this social issue on priority. So here I am asking on this website to guide me on the way ahead. There are millions of Cancer related cases. 

Even if the plant works on only 10% of the patients it is still worth a shot. Most advanced countries have already legalised the plant. Why not Our Government? How long do we let the western mafias suppress our rights to good Health and unrestricted access to self healing? 

I want to know more about filing PILs. I already know that I should not have any personal gain.
Asked 5 years ago in Constitutional Law

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15 Answers

As per article in Hindu dated 23rd November 2018 Medical marijuana may soon become legal in the country with Indian scientists making an earnest effort for the first time to find potential use for the active ingredients present in the cannabis plant in the management of diseases such as cancers, epilepsy and sickle cell anaemia

 

2)

The IIIM has already tied up with researchers at the Tata Memorial Centre (TMC) in Mumbai, the All India Institute of Medical Sciences and a Raipur-based hospital to carry out clinical trials for cannabis-based drugs for the treatment of cancer, epilepsy and sickle cell anaemia. Two active compounds of cannabis that are being explored for medical use are tetrahydro cannabinol (THC) and cannabidiol (CBD).

They are in the process of applying for regulatory approvals

 

 

Ajay Sethi
Advocate, Mumbai
96803 Answers
7810 Consultations

you can file a PIL in the Supreme Court of India,

you can take consultation from any counsel from the database of kaanoon.com, practicing in the Apex Court, who would be of great help to you,

you can give a try by sending your PIL through email  or postal letter, addressed to the Chief Justice of India.  

 

Suneel Moudgil
Advocate, Panipat
2382 Answers
6 Consultations

Hello, 

If you think that around the world THC is being used to cure the cancer and the same is effective and the same is not being used in India due to government order then you may definitely file a PIL. 

File few RTi to take information from the government and then based in the comparative study go ahead and file a PIL. 

 

Regards 

Anilesh Tewari
Advocate, New Delhi
18090 Answers
377 Consultations

You can raise the issue through PIL with High Court and if rejected can try at SLP in supreme court. Its a good concept but to embrace a good concept indian courts take a delayed approach due to our culture.

Prashant Nayak
Advocate, Mumbai
32403 Answers
199 Consultations

You can put forth everything including the advantages and the disadvantages and seek relief in the manner you desire.

The pleadings in the PIL should be strong enough so that your petition do not get dismissed in the initial stage itself.

T Kalaiselvan
Advocate, Vellore
87004 Answers
2335 Consultations

You can file PIL in Supreme Court to legalize medicinal marijuana and thereby preventing the provisions of NPDS act which ban the cultivation and consumption of marijuana flowers.

Your chances of success would depend on whether you are able to prove that CBD and THC actually  help cancer and other patients. Many reports suggest so but no conclusive evidence has been found as yet.

Siddharth Jain
Advocate, New Delhi
6373 Answers
102 Consultations

Dear Sir,

You may file PIL and get appropriate orders. Please approach any local advocate who can file PIL on your behalf and after formalities are over you can argue the matter as Party in Person.

Kishan Dutt Kalaskar
Advocate, Bangalore
6179 Answers
490 Consultations

you can file PIL in the Supreme Court of India. 

check below link. 

https://www.legallyindia.com/the-bench-and-the-bar/read-the-bombay-writ-petition-seeking-to-decriminalise-cannabis-[deleted]

Mohammed Mujeeb
Advocate, Hyderabad
19306 Answers
32 Consultations

Dear Client 

A PIL can be filed in the apex court under article 32 of the constitution or before the High Court under Article 226 of the constitution.

Petitions can be filed by letters and even electronically as well online or by simply writing an E-mail addressed to the Chief Justice of India. Petitions that are not of public interest can also be treated as writ petitions subject to the discretion of the Judge of the Supreme Court/High Court concerned.

Procedure for filing Public Interest Litigation

The modus operandi for filing a PIL can be divided into two ways:


  1. Filing: A PIL is filed in the same manner as a writ petition is filed either in the Supreme Court (Article 32) or in the High Court (Article 226). If the PIL is to be filed in the High Court, then two copies of the petition have to be filed and if the PIL is to be filed in the Supreme Court, then the petition has to be filed in five sets (4+1). Also, it is imperative to serve an advance copy of the petition on each respondent/opposite party and the proof of having served the copy of the petition to the respondent(s) has to be affixed with the petition – that can be in the form of postal or courier receipts.

  2. Procedure: A court fee amounting to Rs. 50 per respondent (for more than one, each respondent will have to pay Rs. 50 as court fee) has to be affixed to the petition. The proceedings in a PIL hearing are carried out in the same way as in another case irrespective of its nature. However, during the PIL proceedings, if the presiding judge feels a court commissioner has to be appointed to investigate the matter in question like inquiry on allegations of pollution being caused, trees being cut among other things. Post reply by the respondent(s) or rejoinder by the petitioner, the judge(s) may give his/her decision.

It is pertinent to note that before filing a PIL, it is admonished that the petitioner first brings the dispute before the relevant authorities and give them sufficient time to act on it. However, when no action is taken or the petitioner is not satisfied with the response/action, they may file a PIL before the concerned court of law, High Court or the Supreme Court.

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

Legal fees varies from lawyer to lawyer.

I can help you with this PIL. 

Siddharth Jain
Advocate, New Delhi
6373 Answers
102 Consultations

legal fees vary depending upon the lawyer engaged by you 

 

you need to contact a lawyer in Hyderabad for filing PIL 

Ajay Sethi
Advocate, Mumbai
96803 Answers
7810 Consultations

Lawyer charges vary from lawyer to lawyer.  Can't state exact charges. 

Prashant Nayak
Advocate, Mumbai
32403 Answers
199 Consultations

The lawyer's fee and the court fee for filing PIL may be enquired from the layer who you may propose to engage. 

Any interested lawyer may contact you or you may look for one after seeing their credentials.

T Kalaiselvan
Advocate, Vellore
87004 Answers
2335 Consultations

charges depend upon the contents,

I do not practice in the Supreme Court of India but can introduce to one lawyer, who can help you at a very marginal charge

 

Suneel Moudgil
Advocate, Panipat
2382 Answers
6 Consultations

  1. As per the information mentioned in the present query, makes it clear that you wish to take the initiative and do something worthy for the Cancer patients which I really appreciate and pray to God that you would get success.
  2. Yes, there has been number of PILs wherein by taking help the of the foreign policy or rules, the same has been implemented in our country.
  3. You should go ahead and argue the matter as no one can argue best than a person who has the pain to feel for the matter for which he has been fighting.
  4. I have some good formats of the same, if interested then I would love to share plus help in drafting the same.
  5. I have enough experience of drafting the PILs for my office, would help you in my best ability.

Sanjay Baniwal
Advocate, South Delhi
5474 Answers
13 Consultations

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