TWO YEARS AFTER Harvard gave him the boot and three years before Congress banned LSD, Timothy Leary set out on a road trip from Millbrook, New York, in a rented station wagon. The 45-year-old psychologist and psychedelic enthusiast was accompanied by his girlfriend, Rosemary Woodruff, and his two teenaged children, Susan and Jack. They had planned a month-long family vacation in Yucatan, Mexico, after which Leary and Woodruff would stay behind to work on his newly commissioned autobiography. Leary and his companions arrived in Laredo, Texas, on the evening of December 22, 1965, and crossed the international bridge to Nuevo Laredo, Mexico.
At the customs station on the Mexican side of the bridge, Leary recalled in his 1983 memoir Flashbacks, he learned that the visa he needed would not be approved until the next day. That turned out to be the least of his troubles.
“All the grass is out of the car, right?” Leary asked as he started driving the station wagon back across the bridge. Jack had flushed his, but Woodruff said she had been unable to retrieve her “silver box” of pot from her bag because “there were two uniformed porters leaning against the car.” Since trying to toss the contraband off the side of the bridge seemed inadvisable, Susan hid it in her clothing.
At the inspection point on the U.S. side, Leary explained that he “didn’t enter Mexico” and had nothing to declare. After a suspicious customs agent picked up what looked like a cannabis seed from the car floor near Leary’s feet, the encounter escalated into searches of the vehicle, the passengers, and their luggage. A “personal search” of Susan discovered what the U.S. Supreme Court would later describe as “a silver snuff box containing semi-refined marihuana and three partially smoked marihuana cigarettes”—about half an ounce, all told.
Leary claimed ownership of the stash, which earned him a 30-year prison sentence. That astonishingly severe penalty was based on two federal charges: transportation of illegally imported marijuana and failure to pay a transfer tax on the contraband.
Those puzzling charges provide a window on the constitutionally dubious origins of federal drug prohibition, which was smuggled into the U.S. Code disguised as tax legislation. Federal gun control laws followed a similar route, expanding along with conventional conceptions of congressional power.
THE MARIHUANA TAX ACT’S DOUBLE BIND
LEARY SAID HE had bought the pot in New York and did not know where it was grown. But the government claimed that he had transported marijuana “knowing the
