United States v. Michael Benjamin Maestri

We are unable to distinguish hashish, here under scrutiny, and commonplace marihuana. The 21 U.S.C. § 176a presumption is invalid as to both. Consequently, the judgment of the lower court is set aside and the cause remanded for proceedings in conformity with Leary v. United States, 395 U.S. 6 , 89 S.Ct. 1532 , 23 L.Ed.2d 57 (1969) and United States v. Scott, 425 F.2d 55 (9th Cir., March 6, 1970).