Permission Awaited to Judicially Review ACMD and SSHD Regarding Alcohol and Tobacco Policy
s it time to criminalise the users of the drugs tobacco and alcohol?Time to refer to them as drug misuser's!Time to invade their homes, destroy their lives, employment, home and family life, or is it time to equalise the law, life, liberty, happiness, Health! All documents are now before the High Court in Casey Hardison's applications for permission to judicially review the separate decisions by the Home Secretary and the Advisory Council on the Misuse of Drugs (ACMD) to abdicate power and duty under the Misuse of Drugs Act 1971 (the Act) with regards to alcohol and tobacco control. Permission to proceed to full judicial review is now in the hands of the law as applied by the High Court judges. The decision is entirely for them.The cases, brought by the imprisoned 'cognitive liberty' advocate and entheogenic chemist, US citizen Casey William Hardison, set out how the Home Secretary has failed in her legal duty to actively consult the ACMD on the possibility of bringing drinkers and smokers under the protection and control of the Act and how the ACMD have failed in their legal duty to actively recommend to the Home Secretary that possibility.Currently, drinkers and smokers are accorded special status by government and the ACMD through the mistaken belief that alcohol and tobacco are exempted from the operation of the Act. This error of law leads the Home Secretary to another false notion: that the Act is 'not a suitable mechanism for regulating alcohol and tobacco [users]', and the ACMD to a similar false notion: that 'the Misuse of Drugs framework is not appropriate for the regulation of alcohol and tobacco [users]'. These false notions are themselves provided for by a pernicious public belief that the Act mandates the 'prohibition' of non-medical and non- scientific commerce and use of controlled drugs. This belief couldn't be further from legal truth. But it is a belief the Government does not want undermined.The Misuse of Drugs Act 1971 requires the Home Secretary and the ACMD apply relevant criteria and disregard irrelevant criteria concerning drugs misuse and social harm to their decision making process; yet the Home Secretary and the ACMD have allowed irrelevant criteria to impact their respective decisions not to speak directly to each other about controlling alcohol and tobacco under the Act.This 'hear no, see no, speak no' control policy has lead to a collective decision to exclude alcohol and tobacco from the Act's protections on the grounds of 'historic and cultural [factors/precedents] that lack a consistent and objective basis'. And even though both the ACMD and the Home Secretary recognise 'that alcohol and tobacco do pose health risks and may have anti-social effects' when misused, they accord these dangerous drugs special status because 'their use is embedded in society and their responsible use is possible and commonplace'. These irrelevant factors have led the ACMD to acquiesce in, and the government to institute, a separate system for regulating the commerce and use of the drugs alcohol and tobacco.This 'artificial divide' between drugs defined as 'controlled' under the Act, and the so- called 'legal' drugs is arbitrary and unreasonable. It favours the non-medical and non-scientific misuse of alcohol and tobacco relative to any non-medical or non- scientific use of any controlled drug – a poisoned chalice not provided for by the Act. This policy is biased in favour of producers and consumers of these socially- problematic products, and ignorant of statutory duty.Again, the control and classification of alcohol and tobacco alongside other dangerous drugs 'controlled' under the Act would not of necessity equate to prohibition; a full range of regulatory options are available under the Act for a lawful and rational commerce of any controlled drug for peaceful use purposes. Said another way, the Act is not a blunt instrument intended to 'prohibit' drugs, rather it is a beautifully nuanced 'mechanism' or 'framework' for the 'suitable' or 'appropriate' regulation of the import, export, production, supply and possession of dangerous or otherwise harmful drugs so as to reduce harm from their potential misuse.Hardison shows that the Act is a well- crafted and intricate tool that can easily regulate the lawful, responsible commerce and use of alcohol and tobacco.The decisions under challenge are the Home Secretary's refusal to consult the ACMD on the 'possibility' of bringing alcohol and tobacco users under the Act's control, and the ACMD's refusal to recommend that possibility. This refusal is based on overly-rigid policies that have prevented the ACMD and the Home Secretary from considering even the merits of the possibility. Hardison finds this unacceptable; will the Court?
Philip Walsh ● 5739d2 Comments ● 5739d