chemist
A chemist (from Greek ''chēm(ía)'' alchemy; replacing ''chymist'' from Medieval Latin ''alchemist'') is a scientist trained in the study of chemistry. Chemists study the composition of matter and its properties. Chemists carefully describe t ...
convicted in the United Kingdom in 2005 of six offences involving psychedelic drugs: three of production, two of possession, and one of exportation.
Background
Hardison was born in
Washington state
Washington (), officially the State of Washington, is a state in the Pacific Northwest region of the Western United States. Named for George Washington—the first U.S. president—the state was formed from the western part of the Washington ...
in the summer of 1971. He is committed to the
entheogen
Entheogens are psychoactive substances that induce alterations in perception, mood, consciousness, cognition, or behavior for the purposes of engendering spiritual development or otherwiseRätsch, Christian, ''The Encyclopedia of Psychoac ...
In 2000, the Multidisciplinary Association for Psychedelic Studies published in its bulletin Hardison's "An Amateur Qualitative Study of 48 2C-T-7 Subjective Bioassays." According to Hardison, 2C-T-7 is "a fairly novel entheogenic compound that has been used in a limited context as an adjunct in psychedelic psychotherapy since 1986."
Activism
The
Drug Equality Alliance The Drug Equality Alliance is a non-profit organisation based in the United Kingdom whose mission statement is:
..Led by Hank Schrader. It is made to transform the "War on Some People who use Some Drugs" from its subjective historical and cultural ...
, a nonprofit organization working to secure equal rights and protections for drug users, was set up by lawyer Darryl Bickler inspired by Hardison's legal arguments.
Crimes
After moving to Brighton, Hardison illegally manufactured three
class A drugs
These drugs are known in the UK as ''controlled drugs'', because this is the term by which the act itself refers to them. In more general terms, however, many of these drugs are also controlled by the Medicines Act 1968, there are many other drug ...
:
2C-B
2C-B (4-Bromo-2,5-dimethoxyphenethylamine) is a psychedelic drug of the 2C family. It was first synthesized by Alexander Shulgin in 1974. In Shulgin's book '' PiHKAL'', the dosage range is listed as 12–24 mg. As a recreational drug, 2C-B is so ...
LSD
Lysergic acid diethylamide (LSD), also known colloquially as acid, is a potent psychedelic drug. Effects typically include intensified thoughts, emotions, and sensory perception. At sufficiently high dosages LSD manifests primarily mental, vi ...
. Having set up a laboratory in his rented bungalow, he used £38,386 worth of chemical ingredients to produce hallucinogenic tablets with a street value of up to £5m.
Arrest
In July 2003, Hardison sent two packages to the U.S. During a random inspection at the FedEx hub in Memphis, Tennessee, officials found four bags of
MDMA
3,4-Methylenedioxymethamphetamine (MDMA), commonly seen in tablet form (ecstasy) and crystal form (molly or mandy), is a potent empathogen–entactogen with stimulant properties primarily used for recreational purposes. The desire ...
(Ecstasy) hidden between pages of a magazine. MDMA is a
psychoactive drug
A psychoactive drug, psychopharmaceutical, psychoactive agent or psychotropic drug is a chemical substance, that changes functions of the nervous system, and results in alterations in perception, mood, consciousness, cognition or behavior. ...
used primarily as a recreational drug at parties and raves. Thus alerted, British authorities monitored Hardison until arresting him near Brighton in February 2004.
Legal proceedings
The case was complicated by the involvement of U.S. law enforcement agents, some of whom attended the trial as witnesses. Hardison represented himself in court.
Pre-trial arguments
Hardison challenged the drug laws as violating his
cognitive liberty
Cognitive liberty, or the "right to mental self-determination", is the freedom of an individual to control their own mental processes, cognition, and consciousness. It has been argued to be both an extension of, and the principle underlying, the r ...
and his rights to
freedom of thought
Freedom of thought (also called freedom of conscience) is the freedom of an individual to hold or consider a fact, viewpoint, or thought, independent of others' viewpoints.
Overview
Every person attempts to have a cognitive proficiency ...
, therapy and religion, contending that his basic
human rights
Human rights are moral principles or normsJames Nickel, with assistance from Thomas Pogge, M.B.E. Smith, and Leif Wenar, 13 December 2013, Stanford Encyclopedia of PhilosophyHuman Rights Retrieved 14 August 2014 for certain standards of hu ...
and
liberties
Liberty is the ability to do as one pleases, or a right or immunity enjoyed by prescription or by grant (i.e. privilege). It is a synonym for the word freedom.
In modern politics, liberty is understood as the state of being free within society f ...
were violated by his arrest, detention and prosecution. In response, the judge of the Crown Court wrote, "I have come to the sure and clear conclusion that Mr. Hardison's arguments are misconceived and I reject each and every one of the Human Rights arguments."
Trial and conviction
In March 2005, after a 10-week trial at
Lewes Crown Court
Lewes Crown Court is a Crown Court venue in Lewes High Street, Lewes, East Sussex, England. It forms part of the Lewes Combined Court Centre which it shares with Lewes County Court. The building, which was known as the "County Hall" from an earl ...
, the jury found Hardison guilty. Calling him a "dangerous individual," the judge said Hardison was motivated by greed and set up his ‘illegal’ drug factory—which a chemist from the
Forensic Science Service
The Forensic Science Service (FSS) was a government-owned company in the United Kingdom which provided forensic science services to the police forces and government agencies of England and Wales, as well as other countries.
The UK Government a ...
called the most complex laboratory he had ever encountered—in the UK because U.S. drug laws were "too hot." The court was told Hardison's father used proceeds of his son's crimes to buy a yacht.
Sentence
In April 2005, Hardison was sentenced to twenty years imprisonment in the UK with a recommendation that he be deported upon his release.
Appeals
In May 2006, the
Court of Appeal of England and Wales
The Court of Appeal (formally "His Majesty's Court of Appeal in England", commonly cited as "CA", "EWCA" or "CoA") is the highest court within the Senior Courts of England and Wales, and second in the legal system of England and Wales only to ...
rejected Hardison's first application for leave to appeal, finding that none of his grounds had sufficient merit. In his decision, Justice Keith wrote that Hardison's criminal enterprise "was not an amateurish operation in a garden shed. It was a careful and calculated attempt to introduce new synthetic drugs onto the UK market which could have reaped great financial rewards."
Subsequently, the
House of Lords
The House of Lords, also known as the House of Peers, is the upper house of the Parliament of the United Kingdom. Membership is by appointment, heredity or official function. Like the House of Commons, it meets in the Palace of Westminste ...
(then the
court of last resort
A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of ...
for UK criminal law) refused Hardison's final appeal, and his similar appeal to the
European Court of Human Rights
The European Court of Human Rights (ECHR or ECtHR), also known as the Strasbourg Court, is an international court of the Council of Europe which interprets the European Convention on Human Rights. The court hears applications alleging that ...
likewise failed.
Prison life
Hardison found drugs readily available in prison. "LSD, 2C-B, DMT, pharmahuasca, research chemicals, kratom, cannabis, home-brewed alcohol—I did a whole bunch of shit in there," he told ''
Vice
A vice is a practice, behaviour, or habit generally considered immoral, sinful, criminal, rude, taboo, depraved, degrading, deviant or perverted in the associated society. In more minor usage, vice can refer to a fault, a negative character t ...
'' in 2014. "Drugs are more available in prison than they would be for the common man trying to find them on the street. And the British prison system is fairly gentle—it's pretty damn civilized."
Release
Following his release from prison in May 2013, Hardison was deported from the UK to the U.S. After living in
Victor, Idaho
Victor is the largest city in Teton County, Idaho, United States. The population was 1,928 at the 2010 census, up from 840 at 2000. he moved to Northern California.
Post-incarceration
Death of Anthony Birkholz
On January 17, 2017, in
Jackson Hole
Jackson Hole (originally called Jackson's Hole by mountain men) is a valley between the Gros Ventre and Teton mountain ranges in the U.S. state of Wyoming, near the border with Idaho, in Teton County, one of the richest counties in the Unit ...
,
Wyoming
Wyoming () is a state in the Mountain West subregion of the Western United States. It is bordered by Montana to the north and northwest, South Dakota and Nebraska to the east, Idaho to the west, Utah to the southwest, and Colorado to the s ...
, after drinking heavily, Hardison and two other men consumed a substance believed by the
Teton County, Wyoming
Teton County is a county in the U.S. state of Wyoming. As of the 2020 United States Census, the population was 23,331. Its county seat is Jackson. Its west boundary line is also the Wyoming state boundary shared with Idaho and the southern tip ...
coroner to be the psychedelic drug
5-MeO-DMT
5-MeO-DMT (5-methoxy-''N'',''N''-dimethyltryptamine) or O-methyl-bufotenin is a psychedelic of the tryptamine class. It is found in a wide variety of plant species, and also is secreted by the glands of at least one toad species, the Colorado R ...
. One of the men, artist and filmmaker Anthony Birkholz, died from aspiration of
vomitus
Vomiting (also known as emesis and throwing up) is the involuntary, forceful expulsion of the contents of one's stomach through the mouth and sometimes the nose.
Vomiting can be the result of ailments like food poisoning, gastroenteri ...
secondary to food, alcohol and 5-MeO-DMT ingestion. The jury at the coroner's inquest found that Birkholz's death was accidental but could have been prevented. Hardison called
5-MeO-DMT
5-MeO-DMT (5-methoxy-''N'',''N''-dimethyltryptamine) or O-methyl-bufotenin is a psychedelic of the tryptamine class. It is found in a wide variety of plant species, and also is secreted by the glands of at least one toad species, the Colorado R ...
"a very rare, beautiful experience," but admitted he hadn't done any since the night Birkholz died. "Looking back now," he said, "I'm not so charmed."
Aftermath
A day after Birkholz's death, Hardison launched a
GoFundMe
GoFundMe is an American for-profit crowdfunding platform that allows people to raise money for events ranging from life events such as celebrations and graduations to challenging circumstances like accidents and illnesses. From 2010 to the be ...
page, "Tony Birkholz Slips the Mortal Coil," raising $6,100. "This campaign," Hardison wrote, "intends to raise memorial funds and to ensure his remains reach his intended destination. Any remaining funds will be donated to the Buffalo Field Campaign, West Yellowstone, Montana, in the fight to protect the last remaining wild buffalo." After several hundred people attended a vigil at the Pink Garter, a music venue and cocktail lounge in
Jackson, Wyoming
Jackson is a town in Teton County, Wyoming, United States. The population was 10,760 at the 2020 census, up from 9,577 in 2010. It is the largest town in Teton County and its county seat. Jackson is the principal town of the Jackson, WY-ID Micro ...
, Hardison said part of the $6,100 raised online paid for the open bar that night. None of the remaining $3,900, however, was immediately donated as pledged to the Buffalo Field Campaign.
= Arrest in Idaho
=
In February 2017, Hardison was stopped in Bellevue, Idaho, for speeding. After a drug-sniffing dog detected controlled drugs, police searched Hardison's vehicle. They found $7,928 in cash, about two pounds (≈ 0.9 kg) of marijuana, a half gram of cocaine and what was believed to be heroin. However, tests by the
Idaho State Police
The Idaho State Police (ISP) is the statewide law enforcement agency for the State of Idaho. It began as the Bureau of Constabulary, created on May 18, 1919, under the new Department of Law Enforcement, to detect and investigate crime, "order abate ...
labs determined that the suspected substance was not heroin. Hardison admitted that half of the $7,928 in cash was the missing GoFundMe money collected to honor Tony Birkholz. On March 21, Hardison pleaded not guilty to charges stemming from the traffic stop.
In June 2017, a member of Birkholz's family filed a complaint with the
FBI
The Federal Bureau of Investigation (FBI) is the domestic intelligence and security service of the United States and its principal federal law enforcement agency. Operating under the jurisdiction of the United States Department of Justice, t ...
's
Internet Crime Complaint Center
The Internet Crime Complaint Center (IC3) is a division of the Federal Bureau of Investigation (FBI) concerning suspected Internet-facilitated criminal activity. The IC3 gives victims a convenient and easy-to-use reporting mechanism that alerts a ...
accusing Hardison of fraud. The $3,900 donation to the Buffalo Field Campaign in honor of Anthony Birkholz was finally made in September 2020.
In August 2017, all charges against Hardison, including three felony counts and one misdemeanor, were dismissed after a judge ruled that the traffic stop was unconstitutionally delayed without reasonable suspicion, allowing a canine officer time to detect the presence of controlled substances.
Attempted arrest in Wyoming
According to the ''Jackson Hole News & Guide'', on August 6, 2018, police attempted to arrest Hardison for selling a large quantity of marijuana to an undercover officer. However, Hardison eluded them after a high-speed chase.
Arrest in California
On July 28, 2020, Hardison was arrested in Yorkville, CA, by the Mendocino County Sheriff's Office. A $500,000 Fugitive From Justice warrant saw Hardison extradited back to Jackson, to face charges stemming from the botched sting operation by Wyoming officers. On November 17, 2020, in his defense, Hardison will present a motion to Dismiss the Indictment based on the premise that the Wyoming Controlled Substances Act, W.S. § 35-7-1001 et seq., ("the Act") violates his due process and equal protection rights guaranteed by the Wyoming Constitution and the Constitution for the United States of America.
2024 presidential campaign
In a January 22, 2021 interview with the '' Jackson Hole News&Guide'', Casey Hardison announced his 2024 bid for president. Hardison plans to run for President in the next general election as a candidate for a revived Democratic-Republican Party, originally founded by Thomas Jefferson and James Madison in 1792.
See also
*
Cognitive liberty
Cognitive liberty, or the "right to mental self-determination", is the freedom of an individual to control their own mental processes, cognition, and consciousness. It has been argued to be both an extension of, and the principle underlying, the r ...
*
Clandestine chemistry
Clandestine chemistry is chemistry carried out in secret, and particularly in illegal drug laboratories. Larger labs are usually run by gangs or organized crime intending to produce for distribution on the black market. Smaller labs can be run b ...
*
William Leonard Pickard
William Leonard Pickard (born October 21, 1945) is one of two people convicted in the largest lysergic acid diethylamide (LSD) manufacturing case in history. In 2000, while moving their LSD laboratory across Kansas, Pickard and Clyde Apperson wer ...
*
Nicholas Sand
Nicholas Sand (born Nicholas Francis Hiskey; May 10, 1941 – April 24, 2017) was a cult figure known in the psychedelic community for his work as a clandestine chemist from 1966 to 1996 for the Brotherhood of Eternal Love.Nocenti, Annie. B ...