Del Bianco on Anslinger, Leary, and the War on Drugs

Mitchell A. Del Bianco has posted A Bureaucrat Versus the Most Dangerous Man in America, 12 Va. J. Crim. L. 73 (2026) on SSRN.  Here is the abstract:

This Article recounts how the policy entrepreneurship of Harry J. Anslinger made federal drug enforcement policy and how his shadow loomed large over one of the twentieth century’s most flamboyant and notorious defendants: Dr. Timothy Leary, the countercultural provocateur branded by President Richard Nixon as “the most dangerous man in America.” Even after Leary’s Supreme Court victory struck down provisions of the Marihuana Tax Act, Anslinger’s legacy ensured that Leary, like many others, remained ensnared in a system built for the punishment of drug offenses. Through the entwined stories of Anslinger and Leary, this Article reveals how individual bureaucrats can shape law and policy, harness administrative power, and outlast their own institutions. Far from being inevitable, America’s war on drugs emerged from the ambitions and idiosyncrasies of a bureaucrat who turned a small agency into a juggernaut.