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Gireesh Babu, New Delhi August 28 , 2024
The National Commission for Indian System of Medicine (NCISM), the statutory body under the Union Ministry of Ayush to frame policies for institutions and medical practitioners of Indian Systems of Medicines, has said that it has issued an advisory that registered medical practitioners should not promote themselves as a cannabis specialists and if anyone does so, may face legal consequences.

While it is lawful for the practitioners of ISM (Ayurveda, Unani, Siddha and Sowa-Rigpa) to prescribe medicine containing Bhang (Cannabis) in accordance with classical reference as per approval by State Drug Licensing Authority (for Ayurveda, Unani and Siddha) under Drugs and Cosmetics Act, 1940 and Rule 1945, the advisory aims to prevent misuse and ensure that cannabis is used in a safe, effective, and ethically responsible manner in medical practice, it says.

The Commission has issued the advisory to the stakeholders in July, 2024, and released through its website now, stating that an inter-ministerial coordination committee to address the illegal selling of ASU drugs containing Cannabis and prescribed by certain Ayurveda, Unani, Siddha and Sowa-Rigpa practitioners on various platforms, including e-commerce platforms for treating multiple diseases was held on May 8, 2024, and issued an advisory that registered medical practitioners should not promote himself/herself as a cannabis specialist, and if anyone does so, may face legal consequences.

"In view of above, an advisory is being issued for practitioners of the Indian System of Medicine (ISM) regarding the use of cannabis-containing drugs and not to self-proclaim himself/herself as a cannabis specialist," it added. This is to prevent misinformation, said the advisory.

It added that the practitioners should ensure that any use of cannabis-containing drugs shall in with the compliance of The Narcotic Drugs and Psychotropic Substances Act, 1985, The Drugs and Cosmetics Act, 1940, The Drugs and Cosmetics Rules, 1945, Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954 and Rule/Regulation framed by Concerned State Government (Before use of cannabis-containing drugs pre-approval must be taken from the State Drug Licensing Authority).

It also reminded that adherence to ethical practices is crucial, avoiding any misleading claims about expertise or the benefits of cannabis-based treatments. It added that the patient's safety and well-being should be the primary focus, ensuring treatments are based on scientific evidence and administered responsibly.

The Commission informed that necessary legal action will be taken in compliance to the Chapter IV, related to the offences and penalties, under The Narcotic Drugs and Psychotropic Substances Act, 1985, and in compliance to the relevant Act or regulation framed in this regard by the concerned authority.

As per sub-regulation (d) of regulation 27 of National Commission for Indian System of Medicine (Ethics and Registration) Regulation, 2023, when a practitioner including a teaching faculty of Indian System of Medicine misrepresents his qualifications or presents false qualifications or degree or produces a fake certificate of registration is convicted; he shall be on first time a warning or temporary suspension of a practitioner whose name is enrolled in the State Register and the National Register, for a period not exceeding three months or with a penalty not exceeding Rs. 25,000 be imposed by the respective State Medical Council or the Board as the case may be, or with both.

The regulation further added that in the event of a second time of conviction, a temporary suspension of a practitioner whose name is enrolled in the State Register and the National Register for a period not less than three months and not more than one year or with a penalty not less than Rs. 25,000 and not exceeding Rs. 50,000 or both be imposed by the respective State Medical Council or the Board as the case may be.

In the event of third and subsequent conviction there shall be permanent removal of the name of the practitioner enrolled in the State Register and the National Register, says the regulation.

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