Leary v. United States (395 U.S. 6)

Leary v. United States (395 U.S. 6)
by the Supreme Court of the United States

U.S. Supreme Court case dealing with the constitutionality of Marijuana Tax Act. Timothy Leary, a professor and activist, was arrested for the possession of marijuana in violation of the Marijuana 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 Marijuana Tax Act unconstitutional. Thus, Leary's conviction was overturned. However, Congress responded shortly after by passing the Controlled Substances Act to continue the prohibition of certain drugs in the United States

Court Documents
Concurring Opinions

United States Supreme Court

395 U.S. 6

Timothy F. LEARY, Petitioner,  v.  UNITED STATES.

 Argued: Dec. 11 and 12, 1968. --- Decided: May 19, 1969

[Syllabus from pages 6-9 intentionally omitted]

Robert J. Haft, New York City, for petitioner.

John S. Martin, Jr., Washington, D.C., for respondent.

Mr. Justice HARLAN delivered the opinion of the Court.


This work is in the public domain in the United States because it is a work of the United States federal government (see 17 U.S.C. 105).