The SSHD and the ACMD will be challenged in the Administrative Court for their irrational, unfair, and possibly illegal exclusion of alcohol and tobacco from control under the Misuse of Drugs Act 1971. The Rule of Law principle of Equal Treatment suggests that either the SSHD and ACMD must implement 'prohibitive controls' on those concerned with alcohol and tobacco for non-medical or non-scientific use purposes or they must fully implement a rational, evidence-based system of regulation, via the MDAct, similar to that suggested by Transform Drug Policy Foundation's 'After the War on Drugs-Blueprint for Regulation' for all controlled drugs.

The basis of the claim is the SSHD's and the ACMD's duty to take action when they know a drug is being misused and that misuse is 'having harmful effects sufficient to constitute a social problem'. And it is well known and accepted that alcohol and tobacco misuse is having harmful effects sufficient to constitue serious social problems.

As the MDAct is neutral as to which drugs may be controlled, the exclusion of alcohol and tobacco appears arbitrary. It is this arbitrariness that has persons like Hardison serving lengthy sentences while those on the boards of alcohol and tobacco companies attend Cabinet.

For more information see the documents below and visit  http://www.drugequality.org and  http://www.freecasey.org