leary argued decided may petitioner accompanied daughter son two others automobile trip new york mexico apparent denial entry mexico drove back across international bridge texas customs officer search discovered marihuana car petitioner daughter person petitioner indicted subsection marihuana tax act petitioner trial resulted conviction petitioner admitted acquiring marihuana new york said know grown driving laredo texas thence mexican customs station back marihuana tax act levies occupational tax upon deal drug provides taxpayer must register name place business internal revenue service act imposes transfer tax upon transfers marihuana required effected written order form except limited number clearly lawful transfers must effected form act imposes transfer tax per ounce registered transferee per ounce unregistered transferee forms executed transferee must show transferor name address amount marihuana involved copy form preserved internal revenue service information contained form made available law enforcement officials possession marihuana crime texas petitioner arrested new york petitioner asserted transfer occurred section prohibits transportation concealment marihuana one acquired without paid transfer tax petitioner conceded done petitioner claimed motion new trial conviction marihuana tax act violated privilege argues subsequent decisions marchetti grosso haynes require reversal government contends act transfer tax provisions compel incriminatory disclosures administratively construed applied permit prepayment tax persons whose activities otherwise lawful title makes crime transport facilitate transportation illegally imported marihuana knowledge illegal importation provides defendant possession marihuana shall deemed sufficient evidence marihuana illegally imported brought unites defendant knew illegal importation bringing unless defendant explains possession satisfaction jury trial instructed jury might find petitioner guilty violating solely petitioner testimony marihuana brought back mexico knowledge fact petitioner continued transport partly upon testimony transported marihuana new york texas partly upon presumption petitioner contends application presumption denied due process law held petitioner invocation privilege fifth amendment provided full defense charge pp since effect act terms legal possessors marihuana virtually certain registrants exempt order form requirement compliance transfer tax provisions required petitioner one registered obliged obtain order form unmistakably identify member selective group inherently suspect criminal activities thus provisions created real appreciable hazard incrimination within meaning marchetti grosso haynes pp clear language act legislative history contrary interpretation government give transfer provisions congress intended nonregistrant able obtain order form prepay transfer tax pp since act clearly aimed bringing light violations marihuana laws impose restrictions upon use information revealed transfer provisions order avoid constitutional issue pp petitioner claim privilege timely circumstances case failure assert privilege trial antedated decisions marchetti grosso haynes constitute waiver pp taking stand petitioner waived right remain silent trial appeals erroneously held right plead act violated privilege latter right waived testifying noncompliance act religious motivation since parts testimony indicated also influenced apprehension trying pay tax might incriminate pp circumstances case application part presumption provides possessor marihuana deemed know unlawful importation denied petitioner due process law violation fifth amendment pp jury trial instructions might convicted petitioner aid presumption petitioner foreclosed challenging constitutionality presumption jury might based verdict alternative theory instructions rest upon presumption case submitted jury alternative theories unconstitutionality theories requires conviction set aside see stromberg california pp criminal statutory presumption must regarded irrational arbitrary hence unconstitutional unless said substantial assurance presumed fact likely flow proved fact made depend tot pp even assumed great preponderance marihuana used smuggled mexico inference illegal importation therefore justified tot test follow since significant amount may imported majority marihuana possessors know marihuana illegally imported inference knowledge therefore impermissible unless appears basis available materials possessors aware either high rate importation marihuana grown abroad pp possessor marihuana might know marihuana came abroad one five ways might aware proportion domestically consumed marihuana smuggled abroad deduce illegally imported might smuggled might learned indirectly marihuana supplied locality came abroad might specified foreign marihuana making purchase might able tell source marihuana appearance packaging taste neither legislative record sources establish substantial assurance even majority marihuana possessors learned source marihuana one ways pp robert haft argued cause filed briefs petitioner john martin argued cause brief solicitor general griswold assistant attorney general vinson beatrice rosenberg briefs amici curiae urging reversal filed jonathan sobeloff melvin wulf american civil liberties union joseph oteri national student assn justice harlan delivered opinion case presents constitutional questions arising conviction petitioner timothy leary violation two federal statutes governing traffic marihuana circumstances surrounding petitioner conviction follows december petitioner left new york automobile intending vacation trip yucatan mexico accompanied daughter son teenagers two persons december party drove across international bridge mexico laredo texas stopped mexican customs station apparently denied entry drove back across bridge halted american secondary inspection area explained situation customs inspector stated nothing mexico declare inspector asked alight examined interior car saw appeared marihuana seeds floor inspector received permission search car passengers small amounts marihuana found car floor glove compartment personal search petitioner daughter revealed silver snuff box containing marihuana three partially smoked marihuana cigarettes petitioner indicted tried jury federal district southern district texas three counts first alleged knowingly smuggled marihuana violation second charged knowingly transported facilitated transportation concealment marihuana illegally imported brought knowledge illegally imported brought violation third alleged petitioner transferee marihuana knowingly transported concealed facilitated transportation concealment marihuana without paid transfer tax imposed marihuana tax act et thereby violating sides presented evidence defense moved judgment acquittal district dismissed first smuggling count jury found petitioner guilty two counts tentatively sentenced maximum punishment pending completion study recommendations used district fixing final sentence appeal appeals fifth circuit affirmed subsequently denied petition rehearing rehearing en banc granted certiorari consider two questions whether petitioner conviction failing comply transfer tax provisions marihuana tax act violated fifth amendment privilege whether petitioner denied due process application part provides defendant possession marihuana shall deemed sufficient evidence marihuana illegally imported brought defendant knew illegal importation bringing unless defendant explains possession satisfaction jury reasons follow hold favor petitioner issues reverse judgment appeals grosso held considerations required claim privilege defense prosecution imposes excise tax proceeds wagering haynes held reasons assertion fifth amendment privilege provided defense prosecution possession unregistered weapon national firearms act despite fact uncommon instances registration statute incriminating see section provides persons deal marihuana shall subject annual occupational tax subsections require specified categories persons importers producers physicians researchers millers pay varying rates tax per year see persons deal marihuana fall specified categories required pay per year see section provides time paying tax taxpayer must register name style place places business nearest district office internal revenue service first transfer tax provisions imposes tax upon transfers marihuana required section carried pursuance written order forms section provides transfers persons registered tax per ounce transfers persons registered tax per ounce tax required paid transferee time securing order form certain exceptions relevant makes unlawful person whether required pay special tax register sections transfer marihuana except pursuant written order form obtained transferee regulation cfr provides order form must show name address transferor transferee registration numbers registered quantity marihuana transferred another regulation cfr requires transferee submit application containing data order obtain form section act requires internal revenue service preserve records duplicate copy order form issues another statutory provision assures information contained order form available law enforcement officials section provides duplicate order forms required kept internal revenue service shall open inspection treasury personnel state local officials charged enforcement marihuana laws upon payment fee officials shall furnished copies forms finally makes unlawful transferee required pay transfer tax either acquire marihuana without paid tax transport conceal facilitate transportation concealment marihuana acquired petitioner convicted conceded trial obtained order form paid transfer tax petitioner ample reason fear transmittal official fact recent unregistered transferee marihuana surely prove significant link chain evidence tending establish guilt state marihuana laws effect petitioner failed comply act late possession quantity marihuana apparently crime every one including new york petitioner claimed transfer occurred texas arrested convicted true almost including new york texas exceptions making lawful specified conditions possession marihuana manufacturers wholesalers apothecaries researchers physicians dentists veterinarians certain medical personnel agents employees foregoing persons common carriers persons drug prescribed given authorized medical person certain public officials however individuals first four classes among compelled register pay occupational tax consequence registered required pay per ounce transfer tax extremely unlikely persons remain unregistered failure register renders liable additional per ounce transfer tax also severe criminal penalties persons last three classes mentioned appear wholly exempt order form transfer tax requirements thus time petitioner failed comply act persons might legally possess marihuana state law virtually certain either registered exempt order form requirement follows class possessors unregistered obliged obtain order form constituted selective group inherently suspect criminal activities since compliance transfer tax provisions required petitioner unmistakably identify member selective suspect group decide read according terms provisions created real appreciable hazard incrimination government asserts regulations clearly signify person permitted register unless activities permissible law jurisdiction one permitted obtain order form prepay transfer tax unless registered result government contends simply prohibit nonregistrants like petitioner dealing marihuana government asserts administrative practice internal revenue service bureau narcotics always consistent interpretation though concedes apparently never attempt nonregistrant prepay tax government admit uncertainty whether fact attempt communicated law enforcement officials however points nothing statute regulations appears compel disclosure government argues regulations administrative practice effectively refute existence substantial hazard incrimination time petitioner acquired marihuana first known obtain order form consequently never applied second substantial risk unsuccessful application brought attention law enforcement officials accept government argument find congress intend nonregistrant able obtain order form prepay transfer tax congressional intent appears language act legislative history begin words statute section read conjunction imposes tax upon every transfer marihuana exceptions relevant section tax registrants shall per ounce tax transfers nonregistrants shall per ounce section uch tax shall paid transferee time securing order form shall addition price form emphasis added since makes distinction tax transfers registrants tax transfers nonregistrants seems clear congress contemplated nonregistrant well registrant transferees able obtain order forms prepay tax legislative history also strongly indicates act intended merely impose high tax transfers nonregistrants prohibit transfers entirely taxing measure bill course originated house representatives start first hearing bill house ways means committee committee chairman announced introduced bill request secretary treasury transfer provisions bill read essentially first witness appear committee treasury department assistant general counsel clinton hester began stating bill purpose raise revenue marihuana traffic also discourage current widespread undesirable use marihuana smokers drug addicts stated form bill synthesis harrison narcotics act et national firearms act et seq statutes compelled dealers respective goods register pay special tax prohibited transfer except pursuance written form imposed transfer tax however transfer provisions differed narcotics act provided one except registrant legally obtain order form see firearms act merely imposed tax upon transfer firearm covered act treasury witness explained marihuana tax bill generally followed plan narcotics act insofar required dealers marihuana register prohibited transfers except order form testified constitutional doubts point bill like national firearms act departs plan harrison narcotic act limits right purchase narcotic drugs persons permitted register act order obviate possibility attack upon constitutionality bill like national firearms act permits transfer marihuana nonregistered persons upon payment heavy transfer tax bill permit transfer marihuana anyone impose per ounce tax upon transfer person might use purposes dangerous harmful public house senate reports describe purposes transfer provisions largely language hester testimony house report declares purpose discourage widespread use drug smokers drug addicts render extremely difficult acquisition marihuana persons desire illicit uses transfer tax prevent drug coming hands put illicit uses discussing issue constitutionality report recites law settled congress power enact tax heavy discourage transactions activities taxed hese cases sustain tax imposed upon transfers unregistered persons senate report without discussing constitutionality otherwise purpose transfer provisions words house report thus committee reports confirm hester account bill purposes short legislative history fully accords statutory language upon evidence hesitation concluding interpretation government give transfer provisions contrary manifest congressional intent transfers nonregistrants taxed forbidden insofar regulations require comparison signatures necessarily compel result urged government must regarded contrary statute hence beyond scope authority delegated congress true regulations promulgated congress entire act effect however scanty legislative history accompanying reenactment gives hint congress knew particular regulations much less indirect impact government ascribes recently noted massachusetts trustees congressional reenactment statute even without apparent knowledge particular regulation strengthen extent regulation claim validity save regulation contradict requirements statute regulation conflicts statute fact subsequent immaterial congress add expand statute impliedly approving regulation commissioner acker persuaded government argument construction followed internal revenue service bureau narcotics ever since passage act interpretation agencies charged administering act controlling often recognized general matter contemporaneous construction statute administering agencies entitled great weight ftc mandel show great deference udall tallman however instance government admits decisions last term marchetti grosso haynes alleged interpretation made known regulations since apparently never application nonregistrant prepay transfer tax moreover brief sanchez plainly took position act imposed tax prohibition transfers nonregistrants implying time alleged administrative construction unknown even charged representing circumstances alleged administrative construction furnish additional support government argument foregoing shows time petitioner acquired marihuana confronted statute face permitted acquire drug legally provided paid per ounce transfer tax gave incriminating information simultaneously system regulations according government prohibited acquiring marihuana conditions found regulations keeping statute ultra vires faced conflicting commands think petitioner justified giving precedence higher authority statute iteral full compliance statutory requirements entailed substantial risk see supra urged us marchetti grosso haynes avoid constitutional difficulty placing restrictions upon use information gained transfer provisions declined impose use restrictions cases found furnishing information interested prosecutors significant element congress purposes adopting statutes involved marchetti supra text legislative history marihuana tax act plainly disclose similar congressional purpose noted requires copies order forms kept available inspection state local officials copies furnished officials request house senate reports state one objective act development adequate means publicizing dealings marihuana order tax control traffic effectively short think conclusion inescapable statute aimed bringing light transgressions marihuana laws hence last term cases decline impose use restrictions obliged conclude timely proper assertion privilege provided complete defense prosecution denying leary petition rehearing appeals addition holding privilege generally inapplicable prosecutions found petitioner claim privilege improper took stand affirmatively waived privilege testifying fully details acquisition transportation marihuana without paid tax relying proposition statement marchetti decision case provide shield taxpayer outside privilege protection think appeals misconceived thrust dictum aspect privilege involved marchetti petitioner asserts undoubted right accused remain silent trial instead right criminally liable one previous failure obey statute required incriminatory act thus petitioner asserting right stand mute trial convicted failed comply transfer provisions act time acquired marihuana admission trial indeed failed comply statute perfectly consistent claim omission excused privilege hence amount waiver claim government suggests petitioner waived right plead yet another way testifying trial violated statute reasons entirely unrelated fear true portions petitioner testimony indicate noncompliance motivated least part conviction act imposed illegal tax upon religion upon pursuit knowledge belief consequence system regulations administrative practice described permitted pay tax however parts petitioner testimony clearly indicate also influenced apprehension trying pay tax might incriminate say petitioner testimony taken whole amounted waiver privilege conclude petitioner invocation privilege proper provided full defense third count indictment accordingly reverse petitioner conviction ii knowingly intent defraud imports brings marihuana contrary law receives conceals buys sells manner facilitates transportation concealment sale marihuana imported brought knowing imported brought contrary law whenever trial violation subsection defendant shown marihuana possession possession shall deemed sufficient evidence authorize conviction unless defendant explains possession satisfaction jury view testimony trial instructed jury might find petitioner guilty violating either two alternative theories first theory conviction based solely upon petitioner testimony marihuana brought back mexico knowledge fact petitioner continued transport second theory conviction depended partly upon petitioner testimony transported marihuana new york texas partly upon challenged presumption government contends giving testimony trial established elements offense theory failing object jury instructions ground advanced petitioner foreclosed raising point thereafter agree even assuming petitioner testimony supply evidence required valid conviction theory jury nevertheless told alternatively convict aid presumption theory know conviction rest ground long settled case submitted jury alternative theories unconstitutionality theories requires conviction set aside see stromberg california true petitioner object jury instructions basis presumption alleged unconstitutionality however rely upon ground previous motion directed verdict close prosecution case urged subsequent motion new trial motions denied appeals considered petitioner constitutional argument merits rejected see circumstances conclude question properly us early decisions set forth number different standards measure validity statutory presumptions however tot singled one tests controlling tot rule adhered two subsequent cases issue presented tot federal statute construed made crime one previously convicted crime violence receive firearm ammunition interstate transaction statute provided possession firearm ammunition person shall presumptive evidence firearm ammunition shipped transported received case may person violation act relying upon prior decision civil case held controlling test determining validity statutory presumption rational connection facts proved fact presumed stated decisions statutory presumption sustained rational connection fact proved ultimate fact presumed inference one proof arbitrary lack connection two common experience say valid presumption may created upon view relation broader jury might take specific case inference strained reasonable relation circumstances life know competent legislature create rule governing procedure courts footnotes omitted applying rational connection test held tot presumption unconstitutional rejected contention forbade intrastate acquisition firearms without record transaction registration ownership inferred merely possession acquisition meet requirements must interstate noting alternative possibilities unlawful intrastate acquisition interstate shipment prior beginning state regulation see two subsequent cases ruled upon constitutionality criminal statutory presumptions gainey romano involved companion sections internal revenue code dealing illegal stills presumption gainey worded similarly one issue permitted jury infer defendant presence illegal still carrying business distiller unless defendant explains presence satisfaction jury see held gainey presumption tested rational connection standard announced tot added process making determination rationality nature highly empirical matters within specialized judicial competence completely commonplace significant weight accorded capacity congress amass stuff actual experience cull conclusions presumption attack romano supra identical gainey except authorized jury infer defendant presence illegal still possession custody control still see held presumption invalid stating result gainey entirely justified resence operating still sufficient evidence prove charge carrying anyone present site probably connected illegal enterprise concluded presence relevant admissible evidence trial possession charge absent showing defendant function still connection possession tenuous permit reasonable inference guilt inference one proof arbitrary tot ibid far relevant presumption quoted supra authorizes jury infer defendant possession marihuana two necessary elements crime marihuana imported brought illegally defendant knew unlawful importation bringing petitioner argues neither inference valid citing undisputed testimony trial effect marihuana grow anywhere actually grown government contends hand inferences permissible reasons follow hold unconstitutional part presumption relates defendant knowledge illegal importation consequently reach question validity illegal importation inference regard knowledge presumption believe tot romano require take statute face value ask whether permits conviction upon insufficient proof knowledge rather inquire whether congress might made possession crime order thus determine constitutionality knowledge inference one must direct circumstantial data regarding beliefs marihuana users generally source drug consume information plainly within specialized judicial competence completely commonplace gainey supra indeed presumption apparently enacted relieve government burden adduce evidence every trial none introduced prosecution petitioner trial since determination presumption constitutionality highly empirical follows must canvass available pertinent data course must kept mind significant weight accorded capacity congress amass stuff actual experience cull conclusions ibid however quickly becomes apparent legislative record supply adequate basis upon judge soundness knowledge part presumption therefore taken materials account well effort sustain presumption confined data available time presumption enacted also considered recent information order obtain broader general background ascertain whether intervening years witnessed significant changes might bear upon presumption validity noted decide whether presumption illegal importation constitutional however view paucity direct evidence beliefs marihuana smokers generally source marihuana found desirable survey data concerning proportion domestically consumed marihuana foreign origin since absence better information proportion marihuana actually imported surely relevant deciding whether marihuana possessors know marihuana imported hand written material inserted record senate hearings included former testimony experienced federal customs agent another senate committee effect marihuana grown near texas cities laredo brownsville written report ohio attorney general recited marihuana may grow unnoticed along roadsides vacant lots many parts country philadelphia police academy bulletin stated plenty marihuana found growing city examination periodicals books published since enactment presumption leaves doubt dozen intervening years great changes extent nature marihuana use country respect quantity one readily available statistic indicative amount marihuana seized country federal authorities jumped pounds pounds regard nature use hearing records reports portray marihuana smoking time activity almost exclusively unemployed menially employed members racial minorities current periodicals books hand indicate marihuana smoking become common many college campuses among persons voluntarily dropped american society protest values marihuana smokers include sizeable number young professional persons despite undoubted changes materials examined point quite strongly conclusion domestically consumed marihuana still foreign origin six years marihuana seized federal authorities seized attempted smuggling ports borders government informs us considerable part internally seized marihuana bore indications foreign origin possible facts reflect deployment federal narcotics forces rather actual proportion imported domestic marihuana almost authorities consulted confirm preponderance domestically consumed marihuana grown mexico petitioner makes much statistics showing number acres domestic marihuana destroyed annually state federal authorities pointing harvested destroyed acreage year accounted marihuana estimated consumed one knows many acres escape destruction however several factors weaken argument domestic growth first number acres annually destroyed declined factor three period consumption marihuana measured federal seizures rose assuming constant diligence part charged destruction indicate much smaller share market domestically supplied second total number acres annually destroyed indeed large enough furnish domestically consumed marihuana breakdowns available years reveal years destroyed acreage two midwestern illinois minnesota large recurrent marihuana acreages discovered plausibly ascribed volunteer growth old plantings middle west commissioner anslinger testified illicit cultivators marihuana likely choose sparser populations favorable climates third last reports bureau narcotics testimony agents indicate investigations bureau never encountered system distributing sizeable quantities domestically grown marihuana contrast bureau found evidence many distribution systems sources mexico legitimate possession opium unless medicinal use highly improbable say person obtains outlawed commodity since bound know brought country except regulation medicinal use must peril ascertain prepared show facts circumstances rebut tend rebut natural inference unlawful importation knowledge unreasonable requirement cause fall outside constitutional power congress even assume previously assembled data sufficient justify inference illegal importation see supra means follows majority marihuana possessors know marihuana illegally imported proposition depend upon intermediate premise marihuana possessors aware level importation deduced marihuana grown abroad intermediate step might thought justified common sense proved little marihuana grown country short showing present believe inference knowledge sustained solely assumed validity importation presumption established significant percentage domestically consumed marihuana may imported longer postulated without proof possessors even roughly aware proportion actually imported conclude order sustain inference knowledge must find basis available materials majority marihuana possessors either cognizant apparently high rate importation otherwise become aware marihuana grown abroad imagine five ways possessor might acquire knowledge might aware proportion domestically consumed marihuana smuggled abroad deduce illegally imported might smuggled marihuana might learned indirect means marihuana consumed locality furnished supplier smuggled abroad might specified foreign marihuana making buy might told source marihuana supplier might able tell source appearance packaging taste marihuana treat five possibilities seriatim light available materials beginning instance legislative record note outset although able discover good deal relevant secondary evidence found none best kind possible testimony marihuana users beliefs origin studies based upon interviews users asked matter committee hearings preceded passage included testimony many marihuana smokers none ever asked whether knew origin marihuana smoked also kept mind great preponderance marihuana smokers occasional rather regular users drug occasional smokers appear arrested disproportionately often due inexpertness taking precautions occasional users likely less informed less particular drug smoke hence less probable learned source ways first possibility possessor may known proportion imported domestic marihuana deduced marihuana grown abroad legislative record assistance evaluating possibility indirect evidence found points conclusion marihuana users probably know marihuana comes mexico also likely great majority either knowledge proportion imported believe proportion considerably lower may actually case second possibility possessor may know origin marihuana smuggled legislative record unhelpful estimating proportion possessors fall class sources indicate considerable number smokers smuggle great majority possessors obtained marihuana suppliers country legislative record also uninformative possibility possessor may learned source marihuana indirect means sources reveal imported marihuana usually passes number hands reaching consumer distribution system kept secret appear relatively consumers know origin marihuana indirect means fourth possibility possessor may specified foreign marihuana making purchase may told supplier marihuana grown abroad legislative record somewhat helpful respect possibility contain statements effect mexican marihuana potent domestic consequently preferred smokers however legislative record also contains testimony customs agent texas marihuana good mexico authorities state mexican marihuana generally greater intoxicating power domestic marihuana due higher temperatures lower humidity usually encountered mexico indications smokers likely prefer mexican marihuana nothing show purchasers commonly specify mexican marihuana making buy appears suppliers marihuana occasionally volunteer place origin found hint usually done indications information volunteered buyer may reluctant ask fear thought informer simply unable estimate accuracy basis data proportion marihuana possessors learned origin marihuana way certainly majority whether small minority large one unable tell fifth possibility smoker may able tell source marihuana appearance packaging taste appearance seems one species marihuana even experts unable tell eye particular sample grown appeals ninth circuit find caudillo basis trial testimony unmanicured rough marihuana marihuana containing seeds stems well leaves much likely come mexico california presence seeds implied plant allowed mature evidence showed california growers almost always harvested plant stage however found nothing indicate distinction holds good areas country marihuana possessors likely realize significance respect packaging evidence mexican marihuana commonly compressed distinctive bricks wrapped characteristically mexican paper yet even assumed mexican marihuana bears distinguishing marks first brought country indication normally still present reaches consumer packaging method mentioned apparently intended facilitate transportation relatively large quantities marihuana brick appears usually contain one kilogram marihuana relatively consumer sales involve large amount since kilogram marihuana furnish marihuana cigarettes smokers appear usually purchase marihuana bag ounce one ounce pound hence importation wholesalers repackage marihuana smaller packages various ways infer small percentage smokers likely learn drug origin packaging respect taste senate hearing record contains statement federal customs agent good marihuana smoker probably tell good marihuana bad seen preponderance opinion effect mexican marihuana potent domestic one authority purchasers marihuana commonly sample product making buy however agent quoted also asserted good marihuana grown texas account sampling custom tasting merely ritual since sually intoxication differ much one cigarette another simply unable estimate proportion marihuana possessors capable placing marihuana possession taste much less proportion actually done time arrested find impossible make determination seen materials disposal leave us large estimate even roughly proportion marihuana possessors learned one way another origin marihuana must also recognized inconsiderable proportion domestically consumed marihuana appears grown country possessors must taken known anything marihuana illegally imported short speculation say even much majority possessors knew source marihuana deficiencies foundation knowledge presumption overcome paying utmost deference congressional determination presumption warranted congress less subject constitutional requirements instance legislative record falls even shorter furnishing adequate foundation knowledge presumption extensive materials examined thus escape duty setting aside petitioner conviction count indictment reasons stated part opinion reverse outright judgment conviction count indictment reasons stated part ii reverse judgment conviction count remand case appeals proceedings consistent opinion constrained add nothing hold today implies constitutional disability congress deal marihuana traffic means reversed remanded footnotes notwithstanding provision law whoever knowingly intent defraud imports brings marihuana contrary law smuggles clandestinely introduces marihuana invoiced receives conceals buys sells manner facilitates transportation concealment sale marihuana imported brought knowing imported brought contrary law whoever conspires foregoing acts shall imprisoned whenever trial violation subsection defendant shown marihuana possession possession shall deemed sufficient evidence authorize conviction unless defendant explains possession satisfaction jury see supra insofar relevant provides shall unlawful person transferee required pay transfer tax imposed section acquire otherwise obtain marihuana without paid tax transport conceal manner facilitate transportation concealment marihuana acquired obtained petitioner testified without contradiction obtained marihuana new york district apparently reasoned article taken smuggled back country charged indictment see appendix transcript record cf claybourn supp see petitioner tentatively sentenced years prison fine violation years prison fine violation see prison sentences run consecutively lowest penalty conviction five years imprisonment suspension sentence probation parole permitted following conviction see quoting reg boyes quoting albertson sacb ibid transferor secondarily liable tax see exceptions include transfers prescription medical practitioner legal exportation foreign countries transfers government officials transfers marihuana seeds persons registered requires list persons paid special taxes subtitles internal revenue code kept public inspection principal internal revenue office list furnished state local prosecutors request apparently apply payors transfer taxes see haynes relevant text set supra marchetti also possible compliance act also created substantial risk incrimination federal statute petitioner convicted violating relevant text reproduced supra however danger incrimination state law plain possibility need explored time petitioner failed comply act district columbia books form essentially provisions uniform narcotic drug act see uniform laws ann section act shall unlawful person possess narcotic drug except authorized act section defines narcotic drugs include marihuana cannabis remaining two california pennsylvania also statutes making crime possess marihuana see cal health safety code stat tit new york texas effect statutory provisions substantially identical sections uniform act new york see pub health law subd supp texas see tex pen code art new york possession amount marihuana misdemeanor punishable year imprisonment see pen law supp see also subd supp texas possession felony punishable imprisonment less two years life see tex pen code art see uniform narcotic drug act uniform laws ann pub health law supp tex pen code art see see exempt persons receive marihuana medical prescription directly medical practitioner title exempts transfers public officials design act strongly suggests delivery marihuana employee agent registrant considered transfer registrant see cfr delivery common carrier considered transfer addressee see cfr government argues per ounce tax intended collected civilly found engaged illegal transfers see brief see also sanchez decisions marchetti grosso haynes district directors instructed applications nonregistrants disclosed simply returned applicants see brief see supra see hearings house committee ways means see ibid hearings house committee ways means doubts bill constitutionality occasioned dissenting opinions doremus nigro see hearings supra hearings subcommittee senate committee finance ibid ibid ibid see regulations cfr see supra limit registration persons whose marihuana dealings legal relevant state local laws require result urged government fact strong support legislative history proposition illicit consumers marihuana like petitioner entitled register house senate reports testimony hester subcommittee senate finance committee state identical language nder bill provisions legitimate handlers marihuana required pay occupational taxes hearings subcommittee senate committee finance testimony house ways means committee hester stated explicitly consume marihuana eligible register bill hearings house committee ways means see see also davis administrative law treatise cases cited see generally see brief sanchez holding give rise additional knotty questions whether petitioner nonpayment transfer tax excused actual assumed reliance upon erroneous administrative construction statute permitted pay cf james grosso quoting albertson sacb see also grosso supra haynes supra see appendix see appendix course holding petitioner waived right plead reliance erroneous administrative interpretation require consideration question mentioned supra whether reliance provide defense first asked direct examination paid transfer tax petitioner stated well knew get permission also know applied transfer tax stamp probably subject investigation appendix response similar subsequent question petitioner said certain able pay tax marihuana taken away subjected action appendix asked whether honest belief obtain order form petitioner replied strong honest belief get cause lot publicity trouble government trying cause trouble appendix noted first count charged smuggling violation district dismissed count see supra see appendix respect theory trial judge stated near end charge jury might difficulty question count mention second time might confused question importation talking necessarily importation government contends importation bridge defendant told us received marihuana new york statute course application throughout land presumption still apply narcotic imported illegally knew imported illegally unless explains possession satisfaction jury appendix see transcript record see transcript record transcript record think irrelevant petitioner testified trial knowledge marihuana origin government put affirmative evidence knowledge jury instructed convict theory relying upon presumption permit inference knowledge trial judge mention petitioner testimony point instructions jury since presumption terms rebuttable intended implication must jury convict basis presumption disbelieved testimony cf caudillo one test whether rational connection basic fact presumed fact see mobile turnipseed mcfarland american sugar rfg western atl henderson cf yee hem second whether legislature might made crime thing presumption authorized inference see ferry ramsey third whether convenient defendant prosecution adduce evidence presumed fact see morrison california cf rossi yee hem supra section federal firearms act stat mobile turnipseed see supra see ibid example argued tot order regulate interstate commerce firearms congress might prohibited possession firearms persons convicted crimes violence declared even less reason conclude possession acquisition occurred subsequent effective date firearms act like tot limited romano consideration crime congress actually defined observed congress chosen make presence illegal still crime declar ed presence sufficient evidence prove crime possession beyond reasonable doubt concluded approach obviously fails standards traditionally applied legislation since find presumption unconstitutional standard need reach question whether criminal presumption passes muster judged must also satisfy criminal reasonable doubt standard proof crime charged essential element thereof depends upon use cf adams supp see also romano supra comment constitutionality statutory criminal presumptions chi rev presumption also permits inference third element importation bringing intent defraud permissibility inference one questions presented leary petition certiorari view take branch case occasion consider see transcript record petitioner attempted introduce evidence concerning proportion domestically consumed marihuana fact grown district held irrelevant therefore inadmissible see transcript record see supra statute based upon legislative declaration facts subject constitutional attack ground facts longer exist ruling upon challenge must course free factual declaration see block hirsh communist party sacb see conf cong rec hearings traffic control narcotics barbiturates amphetamines subcommittee house committee ways means cong hereinafter cited house hearings hearings illicit narcotics traffic subcommittee improvements federal criminal code senate committee judiciary sess hereinafter cited senate hearings senate hearings see house hearings senate hearings see also house hearings senate hearings cong rec see senate hearings see also senate hearings compare bureau narcotics report traffic opium dangerous drugs seizures estimated present marihuana actually smuggled see appendix see rosevear pot handbook marihuana bouquet cannabis parts bull narcotics mayor committee marihuana marihuana problem city new york blum drugs dangerous behavior dangerous drugs president commission law enforcement administration justice task force report narcotics drug abuse see rosevear supra bureau narcotics report traffic opium dangerous drugs blum supra cahn user law simmons ed marihuana myths realities mcglothlin toward rational view marihuana simmons ed supra see bureau narcotics report traffic opium dangerous drugs see brief see bureau narcotics report traffic opium dangerous drugs mandel myths realities marihuana pushing simmons ed marihuana myths realities president commission law enforcement administration justice report challenge crime free society simmons ed supra government report working international treaties narcotic drugs contra see transcript pretrial hearing july adams supp testimony richard schultes director harvard botanic museum hereafter transcript see also rosevear pot handbook marihuana acres destroyed see government report working international treaties narcotic drugs accepting bureau narcotics lowest estimate yield per acre see brief acreage supplied pounds marihuana enough marihuana cigarettes see infra compare bureau narcotics report traffic opium dangerous drugs government report working international treaties narcotic drugs decline steady compare bureau narcotics report traffic opium dangerous drugs see supra see bureau narcotics report traffic opium dangerous drugs government report working international treaties narcotic drugs see supra authorities believe potent marihuana grown hot dry climate see infra see bureau narcotics reports traffic opium dangerous drugs transcript pretrial hearing july adams supp hereafter transcript government report working international treaties narcotic drugs cf senate hearings see bureau narcotics report traffic opium dangerous drugs seizure pounds mexican marihuana seizure one ton mexican marihuana seizure tons mexican marihuana id seizure pounds mexican marihuana contrast largest reported seizure marihuana definitely grown involved eight pounds see see also senate hearings see supra refusing follow aspect reasoning yee hem intimate opinion whatever continued validity presumption relating hard narcotics sustained yee hem found appear holding knowledge presumption unconstitutional rests entirely upon detailed inquiry available facts state mind marihuana users facts regarding hard narcotics may well significantly different nothing legislative history aid determining intended scope word knowing used section making determination employed general guide definition knowledge appears proposed official draft model penal code code provides knowledge existence particular fact element offense knowledge established person aware high probability existence unless actually believes exist see rosevear pot handbook marihuana estimated regular marihuana smokers occasional users see simmons ed marihuana myths realities see rosevear supra see ibid see adams supp see becker marihuana sociological overview solomon ed marihuana papers mandel myths realities marihuana pushing simmons ed supra rosevear supra simmons ed supra remembered estimated least regular occasional marihuana smokers see supra see authorities cited supra see supra testimony commissioner anslinger house hearings senate hearings statements district supervisor aman see senate hearings see also house hearings see authorities referred hodapp marihuana review literature analytical chemists bouquet cannabis parts bull narcotics ciba foundation study group hashish chemistry pharmacology simmons ed supra see authorities cited supra rosevear supra boughey pot scenes east west simmons ed supra mayor committee marihuana marihuana problem city new york simmons ed supra see rosevear supra see see transcript testimony richard schultes director harvard botanic museum see testimony narcotics agent william durkin see also bureau narcotics report traffic opium dangerous drugs cf senate hearings see simmons ed supra rosevear supra bureau narcotics report traffic opium dangerous drugs see also senate hearings see rosevear supra mandel myths realities marihuana pushing simmons ed supra senate hearings see rosevear supra see also mandel supra transcript testimony narcotics agent william durkin senate hearings prior testimony customs agent lawrence fleishman see supra see rosevear supra careful examination decisions regarding presumption constitutionality suggest contrary courts appeals ruled question sustained presumption see caudillo cir costello cir soto cir borne cir gibson cir however indication cases took account even fraction evidence considered one instance lack evidence expressly stated ground decision see gibson supra see also costello supra lower conducted factual inquiry way comparable also held presumption unconstitutional see adams supp justice stewart concurring join part ii opinion part expressed conviction fifth amendment guarantee compulsory originally intended confer testimonial privilege judicial proceeding years drifted far mooring marchetti grosso cases simply recent long line decisions marking extent drift perhaps day consider fundamental decisions area light original constitutional meaning day comes seems authoritative weight precedent permits escape conclusion reached case therefore join opinion judgment see grosso concurring opinion gault dissenting opinion marchetti grosso justice black concurring result concur outright reversal petitioner conviction count indictment reasons set part opinion also concur reversal petitioner conviction count indictment based section makes crime import marihuana receive conceal transport knowing imported contrary law goes provide mere possession marihuana shall deemed sufficient evidence authorize conviction unless defendant explains possession satisfaction jury trial case charged jury proof petitioner merely possession marihuana sufficient authorize finding knew imported brought contrary law clear beyond doubt fact possession alone enough support inference possessor knew imported congress constitutional power tell jury convict upon forced baseless inference power tell juries convict defendant crime without evidence inference guilt drawn see thompson louisville system separation powers congress incompetent instruct judge jury american evidence enough conviction courts tell congress policies must adopt writing criminal laws congressional presumption therefore violates constitutional right defendant tried jury set accordance commands constitution clearly deprives defendant right convicted punished crime without due process law federal case trial independent judge indictment grand jury representation counsel opportunity summon witnesses behalf opportunity confront witnesses right trial law guaranteed every defendant article iii constitution sixth amendment fifth fourteenth amendments promises person shall deprived life liberty property without due process law trial according law land constitutional statutory reasons think law irrational arbitrary hence unconstitutional ante invalidate presumption firmly profoundly opposed construing due process authorizing invalidate statutes nebulous grounds quite different reasons holding presumption deny due process law benefit law land fully set many opinions including illustration concurring opinion tot dissenting opinion gainey