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Leary v. United States (view source)
Revision as of 02:24, September 9, 2016
, 02:24, September 9, 2016Landmark case and the prequel to the CSA of 1970.
[https://supreme.justia.com/cases/federal/us/395/6/ '''Leary v. United States'''] was a landmark Supreme Court case that reversed the [http://definitions.uslegal.com/m/marijuana-tax-act%20 '''Marihuana Tax Act of 1937'''], based on the logic that applying for a tax stamp required proof of current possession of marijuana, thereby constitution illegal self-incrimination. This had virtually no effect on the legality of marijuana at the time, because every state except Alaska had their own bans on the drug. This decision did however bring about the creation of the [http://www.fda.gov/regulatoryinformation/legislation/ucm148726.htm '''Controlled Substances Act of 1970'''], an international treaty that carries the same weight as an Amendment to the Constitution<ref>http://www.archives.gov/exhibits/charters/constitution_transcript.html Article VI</ref>, and to which the US is bound by to this day. This treaty was also passed at the Federal level of government shortly thereafter, establishing the modern legal precedent for banning and restricting all drugs that may threaten the health and safety of oneself and/or others.