Leary v. United States

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Leary v. United States

Argued December 11 – 12, 1968
Decided May 19, 1969


Full case name:	Timothy Leary v. United States

Citations:	395 U.S. 6; 89 S. Ct. 1532; 23 L. Ed. 2d 57; 1969 U.S. LEXIS 3271; 69-2 U.S. Tax Cas. (CCH) P15,900; 23 A.F.T.R.2d (RIA) 2006

Prior history:	On writ of certiorari to the United States Court of Appeals for the Fifth Circuit

Holding

The Marihuana Tax Act required self-incrimination, thus violating the Fifth Amendment of Constitution. Leary's conviction reversed.

Court membership

Chief Justice: Earl Warren
Associate Justices: Hugo Black, William O. Douglas, John Marshall Harlan II, William J. Brennan, Potter Stewart, Byron White, Abe Fortas, Thurgood Marshall

Case opinions

Majority by: Harlan
Joined by: Brennan, Douglas, Marshall, White
Concurrence by: Black
Concurrence by: Stewart
Concurrence by: Warren

Laws applied

U.S. Const. amend. V, Marihuana Tax Act

Superseded by

Controlled Substance Act

Leary v. United States, 395 U.S. 6 (1969), is a U.S. Supreme Court case dealing with the constitutionality of Marihuana Tax Act. 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. However, Congress responded shortly after by passing the Controlled Substances Act to continue drug prohibition in United States.