Is CBD legal in India in 2025?
CBD products have been on an incredible rise around the world, and the global market for this beneficial product seems to be expanding rapidly. In this article, we at Essentia Pura want to explore the legality of CBD products in India. We will not stop there. We also intend to provide you with some useful tips on checking the quality of CBD and share our thoughts regarding the dominant players in the Indian CBD market. So, is CBD legal in India or stuck in a legal gray zone?
Nonetheless, to better understand the CBD oil market, the legal status of CBD, and the peculiarities of the CBD oil business in India, we must first briefly discuss the history of CBD in India as well as the history of drug regulation on the Indian subcontinent.
A Brief History of India Drug Laws
But before we get too deep into the evolution of the drug laws in India, it would be useful to clear up what exactly CBD is and why drug laws are still such an important part of the CBD business landscape.
What is CBD?
As you might know, CBD is short for Cannabidiol, which is one of 113 cannabinoids (compounds) that come from the cannabis plant.
Cannabis is, without a doubt, one of the most well-known plants in the world. However, it has been treated in many different ways throughout history - this, of course, affects how everything connected to Cannabis is seen by the authorities, and this includes CBD. There were eras in history when cannabis was praised and widely used - we will see that this was the case in India throughout most of history. On the other hand, in recent decades, Cannabis was treated quite differently - as a dangerous drug!
The tide seems to be turning! In recent years, researchers have worked intensely on the cannabis plant and its potential uses. The results point to numerous positive effects of cannabidiol (CBD), a phytocannabinoid extracted from Cannabis sativa L. This research sparked the interest of consumers and started a boom in economic activity in the sector.
Some legal obstacles to the growth of the CBD market are still present. Even though the World Health Organization proclaimed CBD products as generally safe to use in its report, governments around the world are still reluctant to let anything associated with cannabis into wider use.
This is why good knowledge of the drug laws, the history of drug regulation, and the trajectory of the regulation are still crucial if you are to be active in the CBD world. But even if CBD can legally be extracted from cannabis, how can it be used?
Effects and uses of CBD and cannabis
Cannabis is a plant with numerous effects. Some claim it is responsible for relaxation and health benefits, others prefer recreational use, and some see other beneficial value in it. It is a plant with plenty of uses, and it is grown for food, entertainment, industrial, and pharmaceutical purposes. It is grown around the globe for fiber, seeds, seed oil, and medicinal products, however, it also grows in the wild in some places, including in India.
CBD has been shown to have numerous benefits to individuals' health as well as to the health and well-being of pets. One important aspect of CBD use is that using CBD products is not connected to getting high. The high feeling that is often associated with cannabis is due to THC, another cannabinoid found in the cannabis plant but unrelated to CBD products, as CBD is isolated from other cannabinoids found in the cannabis plant - such as THC.
There is a broader difference in the plants used. The plant that is rich in THC and is used for getting high is commonly known as marijuana, whereas the plant used for CBD products is commonly known as hemp. You can read more about the difference between CBD and THC in our special article.
Hemp does not get you high; at the same time, the numerous cannabinoids in this strain of the cannabis plant may have major beneficial effects on your well-being. This is something that was discovered a long time ago in India and was part of the cultural heritage for hundreds, if not thousands of years.
Cannabis had a big role to play in Indian society throughout its history. Hemp, together with CBD products, is now beginning to emerge as one of the most important products in the growing Indian subcontinent.
Use and regulation of Cannabis in Indian history
As mentioned above, Cannabis has been used in India since about 2000 BCE - the cannabis plant has been part of Indian society for more than 4000 years!
Even more, it is considered to be one of the five sacred plants in the holy texts of the Hindu religion. The Hindus believe that the famous god Shiva has chosen cannabis as his favorite food as it refreshed him. Even the gods of India recognized the potential for well-being in CBD products.
Even though hemp and, consequently, CBD have a rich cultural history in India, various colonial authorities tried to criminalize its use. The Brits tried to criminalize hemp and cannabis in 1838, 1871, and 1877, however, they were not successful. Hemp was so popular and important in India that the Brits feared social unrest if they banned it, so they decided to tax it instead.
Cannabis was only made illegal in independent India, following the adoption of the Single Convention on Narcotic Drugs in 1961. The international treaty classified cannabis together with hard drugs. India was strongly against such classification, however, it was only partially successful in convincing other countries to follow them in opposition. Nonetheless, products made from the leaves of the cannabis plant were still considered appropriate for use!
India did not immediately comply with the Single Convention on Narcotic Drugs and only adjusted its laws in 1985 while still allowing for the use of leaves.
The act stipulates that cannabis with more than 0.3% of THC is considered a narcotic drug; not complying with this can have grave consequences for you and your business. Although the act allowed the use of leaves due to the great cultural heritage of cannabis in India, the new laws still had a devastating effect on the hemp industry.
Nonetheless, we want to end on an upbeat note - things are looking upwards now. Due to the extraordinary work of the Great Legalisation Movement India and Indian Industrial Hemp Association, the authorities in India are changing their stance as well.
Is CBD legal in India?
So, to answer the original question, is CBD legal in India?
Yes, under certain circumstances - if it is extracted from the leaves of the cannabis plant and does not contain more than 0,3% of THC, then it is considered to be completely legal and can be sold. However, this does not mean that just about anyone can produce CBD products - if you want to sell CBD oil as a medicinal product, it has to be manufactured by a CBD producer with a valid license.
Furthermore, if you are thinking of trying out selling CBD oil in India, your mind can be at ease. The Indian authorities are going so far as to encourage the research and cultivation of cannabis with low THC content - such as CBD oil and CBD cosmetic products. This shows incredible goodwill on the side of the government and their understanding of the benefits of CBD for the well-being of Indians and the potential that the CBD industry has in India.
Even more, the National Policy on Narcotic Drugs and Psychotropic Substances is aware that hemp is an excellent source of biomass, fiber and an important source of high-value oil - this includes CBD oil.
Nonetheless, there are a couple more things you should be aware of before starting to sell CBD products in India.
As mentioned, CBD oil products can only be derived from the leaves of the cannabis plant and cannot contain more than 0,3% of THC. The other major takeaways are the limits on labeling and advertising. You should not market the product as having psychoactive effects, and the image of the cannabis plant cannot be used on the product's label!
We would like to emphasize that some Indian states still have their own specific rules regarding the sale of CBD, especially if it is marketed as a medicinal product - in this case, the CBD products may have to be licensed by a competent authority. We strongly advise you to check the specific laws and regulations and seek advice from local legal counsel before commencing with your CBD business.
Where else is CBD legal?
If you are interested in learning more about the legality of CBD around the world, make sure to check out our articles about other countries.
We have covered in depth the legality of CBD in:
We at Essentia Pura always strive to make as many informative topics as possible to spread awareness regarding CBD and its benefits. Make sure to check out our blog if you are interested in these topics.
Disclaimer: The laws and regulations on this topic are always changing, which means that any information on this topic can quickly become outdated. Moreover, we at Essentia Pura do not guarantee the accuracy of the data, as this article is for informational purposes only. However, it should give you a good overview of the current state in the EU and act as a solid starting point for more thorough research. We cannot stress enough the importance of thorough and correct knowledge on this subject for CBD sellers as well as customers.
We hope this article has addressed your questions and inspired you to explore opportunities in the Indian CBD industry.
About us
At Essentia Pura, we specialize in manufacturing high-quality white-label and private-label CBD products, helping businesses launch their own unique CBD brands. With cutting-edge hemp extraction methods and a commitment to compliance and quality, we support companies in the nutraceutical, pharmaceutical, and cosmetic industries. Whether you’re looking for ready-to-market formulations or custom solutions, we’re here to help you succeed in the growing CBD market.