Timothy Leary v. United States

AINSWORTH, Circuit Judge:

This unusual criminal case delves into the new realm of psychedelic experience, and into mysticism, religion and its free exercise. The principal issue we must decide is whether the conviction of appellant for violations of federal criminal statutes relating to marihuana — a psychedelic drug which the defendant claims he uses as a religious sacramental aid — contravenes the accused’s First Amendment right to the free exercise of his religion. There are, however, other important questions, some of them constitutional also, which we will discuss fully.

Dr. Timothy Leary,…