Leary v. United States
Encyclopedia
Leary v. United States, , is a U.S. Supreme Court
case dealing with the constitutionality
of the Marihuana Tax Act of 1937. Timothy Leary
, a professor and activist, was arrested for the possession of marijuana in violation of the Marihuana Tax Act. Leary challenged the act on the ground that the act required self-incrimination
, which violated the Fifth Amendment
. The unanimous opinion of the court was penned by Justice John Marshall Harlan II
and declared the Marihuana Tax Act unconstitutional. Thus, Leary's conviction was overturned. Congress responded shortly thereafter by repealing the Marihuana Tax Act and passing the Controlled Substances Act
to continue the prohibition of certain drugs in the United States.
's conviction were as follows. On December 20, 1965, petitioner left New York
by automobile, intending a vacation trip to the Mexican state of Yucatán
. He was accompanied by his daughter and son, both teenagers, and two other persons. On December 22, 1965, the party drove across the International Bridge
between the United States
and Mexico
at Laredo, Texas
. 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 them to alight, examined the interior of the car, and saw what appeared to be marijuana seeds on the floor. The inspector then received permission to search the car and passengers. Small amounts of marijuana were found on the car floor and in the glove compartment. A personal search of petitioner'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.
b. [The statute] 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 [a]…"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."
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
case dealing with the constitutionality
Constitutionality
Constitutionality is the condition of acting in accordance with an applicable constitution. Acts that are not in accordance with the rules laid down in the constitution are deemed to be ultra vires.-See also:*ultra vires*Company law*Constitutional law...
of the Marihuana Tax Act of 1937. Timothy Leary
Timothy Leary
Timothy Francis Leary was an American psychologist and writer, known for his advocacy of psychedelic drugs. During a time when drugs like LSD and psilocybin were legal, Leary conducted experiments at Harvard University under the Harvard Psilocybin Project, resulting in the Concord Prison...
, a professor and activist, was arrested for the possession of marijuana in violation of the Marihuana Tax Act. Leary challenged the act on the ground that the act required self-incrimination
Self-incrimination
Self-incrimination is the act of accusing oneself of a crime for which a person can then be prosecuted. Self-incrimination can occur either directly or indirectly: directly, by means of interrogation where information of a self-incriminatory nature is disclosed; indirectly, when information of a...
, which violated the Fifth Amendment
Fifth Amendment to the United States Constitution
The Fifth Amendment to the United States Constitution, which is part of the Bill of Rights, protects against abuse of government authority in a legal procedure. Its guarantees stem from English common law which traces back to the Magna Carta in 1215...
. The unanimous opinion of the court was penned by Justice John Marshall Harlan II
John Marshall Harlan II
John Marshall Harlan was an American jurist who served as an Associate Justice of the Supreme Court from 1955 to 1971. His namesake was his grandfather John Marshall Harlan, another associate justice who served from 1877 to 1911.Harlan was a student at Upper Canada College and Appleby College and...
and declared the Marihuana Tax Act unconstitutional. Thus, Leary's conviction was overturned. Congress responded shortly thereafter by repealing the Marihuana Tax Act and passing the Controlled Substances Act
Controlled Substances Act
The Controlled Substances Act was enacted into law by the Congress of the United States as Title II of the Comprehensive Drug Abuse Prevention and Control Act of 1970. The CSA is the federal U.S. drug policy under which the manufacture, importation, possession, use and distribution of certain...
to continue the prohibition of certain drugs in the United States.
Facts that triggered the dispute
The circumstances surrounding petitionerPetitioner
A petitioner is a person who pleads with governmental institution for a legal remedy or a redress of grievances, through use of a petition.-In the courts:The petitioner may seek a legal remedy if the state or another private person has acted unlawfully...
's conviction were as follows. On December 20, 1965, petitioner left New York
New York
New York is a state in the Northeastern region of the United States. It is the nation's third most populous state. New York is bordered by New Jersey and Pennsylvania to the south, and by Connecticut, Massachusetts and Vermont to the east...
by automobile, intending a vacation trip to the Mexican state of Yucatán
Yucatán
Yucatán officially Estado Libre y Soberano de Yucatán is one of the 31 states which, with the Federal District, comprise the 32 Federal Entities of Mexico. It is divided in 106 municipalities and its capital city is Mérida....
. He was accompanied by his daughter and son, both teenagers, and two other persons. On December 22, 1965, the party drove across the International Bridge
International Bridge
The following bridges are known as the International Bridge:*International Railway Bridge, a railroad bridge at Buffalo, New York*Baudette-Rainy River International Bridge, connecting Rainy River, Ontario and Baudette, Minnesota...
between the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
and Mexico
Mexico
The United Mexican States , commonly known as Mexico , is a federal constitutional republic in North America. It is bordered on the north by the United States; on the south and west by the Pacific Ocean; on the southeast by Guatemala, Belize, and the Caribbean Sea; and on the east by the Gulf of...
at Laredo, Texas
Laredo, Texas
Laredo is the county seat of Webb County, Texas, United States, located on the north bank of the Rio Grande in South Texas, across from Nuevo Laredo, Tamaulipas, Mexico. According to the 2010 census, the city population was 236,091 making it the 3rd largest on the United States-Mexican border,...
. 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 them to alight, examined the interior of the car, and saw what appeared to be marijuana seeds on the floor. The inspector then received permission to search the car and passengers. Small amounts of marijuana were found on the car floor and in the glove compartment. A personal search of petitioner's daughter revealed a silver snuff box containing semi-refined marijuana and three partially smoked marijuana cigarettes
Joint (cannabis)
Joint is a slang term for a cigarette rolled using cannabis. Rolling papers are the most common rolling medium among industrialized countries, however brown paper, cigarettes with the tobacco removed, and newspaper are commonly used in developing countries. Modern papers are now made from a wide...
. 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 reasoning of the court
a.“If read according to its terms, the Marihuana Tax Act compelled petitioner to expose himself to a "real and appreciable" risk of self-incrimination;b. [The statute] 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 [a]…"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."