''Leary v. United States'', 395 U.S. 6 (1969), is a U.S. Supreme Court case dealing with the

constitutionality Constitutionality is said to be the condition of acting in accordance with an applicable constitution; "Webster On Line" the status of a law, a procedure, or an act's accordance with the laws or set forth in the applicable constitution. When l ...

of the

Marihuana Tax Act of 1937 The Marihuana Tax Act of 1937, , was a United States Act that placed a tax on the sale of cannabis. The H.R. 6385 act was drafted by Harry Anslinger and introduced by Rep. Robert L. Doughton of North Carolina, on April 14, 1937. The Seventy-fift ...

Timothy Leary Timothy Francis Leary (October 22, 1920 – May 31, 1996) was an American psychologist and author known for his strong advocacy of psychedelic drugs. Evaluations of Leary are polarized, ranging from bold oracle to publicity hound. He was "a her ...

, a professor and activist, was arrested for the possession of

marijuana Cannabis, also known as marijuana among other names, is a psychoactive drug from the cannabis plant. Native to Central or South Asia, the cannabis plant has been used as a drug for both recreational and entheogenic purposes and in various t ...

in violation of the Marihuana Tax Act. Leary challenged the act on the ground that the act required

self-incrimination In criminal law, self-incrimination is the act of exposing oneself generally, by making a statement, "to an accusation or charge of crime; to involve oneself or another ersonin a criminal prosecution or the danger thereof". (Self-incriminati ...

, which violated the Fifth Amendment. The unanimous opinion of the court was penned by Justice

John Marshall Harlan II John Marshall Harlan (May 20, 1899 – December 29, 1971) was an American lawyer and jurist who served as an associate justice of the U.S. Supreme Court from 1955 to 1971. Harlan is usually called John Marshall Harlan II to distinguish him ...

and declared the Marihuana Tax Act

unconstitutional Constitutionality is said to be the condition of acting in accordance with an applicable constitution; "Webster On Line" the status of a law, a procedure, or an act's accordance with the laws or set forth in the applicable constitution. When l ...

. Thus, Leary's conviction was overturned. Congress responded shortly thereafter by replacing the Marihuana Tax Act with the newly written

Controlled Substances Act The Controlled Substances Act (CSA) is the statute establishing federal U.S. drug policy under which the manufacture, importation, possession, use, and distribution of certain substances is regulated. It was passed by the 91st United States ...

while continuing the prohibition of certain drugs in the United States.

Background

On December 20, 1965, Leary left

New York New York most commonly refers to: * New York City, the most populous city in the United States, located in the state of New York * New York (state), a state in the northeastern United States New York may also refer to: Film and television * '' ...

by automobile, intending to take a vacation trip to the Mexican state of

Yucatán Yucatán (, also , , ; yua, Yúukatan ), officially the Free and Sovereign State of Yucatán,; yua, link=no, Xóot' Noj Lu'umil Yúukatan. is one of the 31 states which comprise the federal entities of Mexico. It comprises 106 separate mun ...

. He was accompanied by his daughter and son, both teenagers, and two others. On December 22, 1965, the party drove across the International Bridge between the

United States The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country Continental United States, primarily located in North America. It consists of 50 U.S. state, states, a Washington, D.C., ...

and

Mexico Mexico (Spanish language, Spanish: México), officially the United Mexican States, is a List of sovereign states, country in the southern portion of North America. It is borders of Mexico, bordered to the north by the United States; to the so ...

Laredo, Texas Laredo ( ; ) is a city in and the county seat of Webb County, Texas, United States, on the north bank of the Rio Grande in South Texas, across from Nuevo Laredo, Tamaulipas, Mexico. Laredo has the distinction of flying seven flags (the Flag of th ...

. They stopped at the Mexican customs station and, after apparently being denied entry, drove back across the bridge. They halted at the American secondary inspection area, explained the situation to a customs inspector, and stated that they had nothing from Mexico to declare. The inspector asked to search the car, examined its interior, and saw what appeared to be

seeds on the floor. Small amounts of marijuana were also found on the car floor and in the glove compartment. A personal search of Leary's daughter revealed a silver snuff box containing semi-refined marijuana and three partially smoked marijuana cigarettes. Though Leary was arrested for violating the Marijuana Tax Act, it was also illegal in the state of Texas to possess marijuana. Hence, compliance under federal law would have provided self-incriminating evidence.

Legal decision

a. If read according to its terms, the Marijuana Tax Act compelled petitioner to expose himself to a "real and appreciable" risk of self-incrimination;
b.

he statute He or HE may refer to: Language * He (pronoun), an English pronoun * He (kana), the romanization of the Japanese kana へ * He (letter), the fifth letter of many Semitic alphabets * He (Cyrillic), a letter of the Cyrillic script called ''He'' in ...

required him, in the course of obtaining an order form, to identify himself not only as a transferee of marijuana but as a transferee who had not registered and paid the occupational tax;
c. Compliance with the transfer tax provisions would have required petitioner unmistakably to identify himself as a member of .."selective" and "suspect" group, we can only decide that when read according to their terms these provisions created a "real and appreciable" hazard of incrimination.

Later development

The Marihuana Tax Act ultimately was repealed by the U.S. Congress in the Comprehensive Drug Abuse Prevention and Control Act of 1970.See Pub. L. No. 91-513, 84 Stat. 1236, 1292 (October 27, 1970). See also ''Lynn v. West'', 134 F.3d 582 (4th Cir. 1998).

References

External links

* {{Timothy Leary Cannabis law reform in the United States Marihuana Tax Act of 1937 Timothy Leary United States controlled substances case law United States Fifth Amendment self-incrimination case law United States Supreme Court cases United States Supreme Court cases of the Warren Court 1969 in United States case law category:1969 in cannabis Laredo, Texas Cannabis in Texas