Contempory Issues in Law and Society Essay Example | Topics and Well Written Essays - 1500 words

Contempory Issues in Law and Society - Essay Example ifically bans the import, manufacture, distribution and consumption of psychotropic substances under Schedule I of the Act, and DMT also is listed in the First Schedule of this Act for non use except for controlled research purposes.’(Supreme Court of the United States. 2006). The Government contended that DMT has been proven to cause health hazards to the users. Further, it was also of the view that the use of DMT could be used not only for religious purposes, but also for recreational pleasures. Further it was also necessary for the State to comply with the United Nations Convention on Psychotropic Substances, 1971 which enunciates the international legal strictures governing use of such drugs. The sect, UDV believes that the government decision was a transgression of their religious sentiments and that the brew was used only for religious purposes, and formed an integral part of the cultural setting of the tribe, which could not be compromised. However, according to the Government, an exception could not be granted to the UDV, since in that case, exemptions could be desired by all, which could belie the enforcement of the Act. The fact that DMT, an essential drug found in the sacred portion, constituted a drug found in the First Schedule of the Act was enough reason for its ban and criminal proceedings against individuals or institutions, who, despite the ban, continue to use the drug, whether for religious or other purposes. The UDV maintained that the Religious Freedom Restoration Act 1993, could be invoked in such a case, and that there needs to be a strong reason for the government‘s actions seeking to enforce the ban on use of the drug and seizures was the least interventionist strategy by which the Government could enforce the ban of the drug. The UDV also cited the provision contained in the Act which could† waive the requirement for registration of certain manufacturing, distribution or dispension if the finding is consistent with public health