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Learyfan
It's the psychedelic movement!



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Today in psychedelic history (12/23) 2
#13675192 - 12/23/10 10:45 AM (13 years, 1 month ago) |
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Quote:
Jorma Ludwik Kaukonen Jr. (born December 23, 1940, Washington, D.C.) is an American blues, folk, and rock guitarist, best known for his work with Jefferson Airplane and Hot Tuna
As a fingerstyle guitarist, his electric guitar work was uniquely distinctive and thus widely emulated by other Bay Area guitarists. Notable work with Jefferson Airplane includes "Greasy Heart", "If You Feel", "Spare Chaynge", "Hey Frederick" (which culminates in an extended lead guitar duet with himself), "Wooden Ships", and his original composition, "Feel So Good". Rolling Stone named Kaukonen the 54th greatest rock guitarist of all time and 16th greatest acoustic guitarist.
Though never a prolific singer and songwriter during his Airplane tenure, Kaukonen contributed some distinctive material. On the band's second album, Surrealistic Pillow, his song "Embryonic Journey" showcased his fingerstyle acoustic guitar virtuosity. On the next album, After Bathing at Baxter's, his sound had a harder edge inspired by Mike Bloomfield of the Paul Butterfield Blues Band, Cream, and other touring groups that performed in San Francisco. These stylistic changes are prominent in the acid rocker, "The Last Wall of the Castle," as well as the long (9:12) instrumental, "Spare Chaynge", cowritten with bandmates bassist Jack Casady and drummer Spencer Dryden. The improvisation marking "Spare Chaynge" is also present in the free-form extended jams, "Thing" and "Bear Melt," both live instrumentals recorded in 1968. Kaukonen insists, however, in the liner notes of the Live at the Fillmore East album, that these jams were not chaotic "free for alls" but were "complex rehearsed arrangements." Two songs that were later to become Hot Tuna signature tunes, "Rock Me Baby" and "Good Shepherd", a gospel ballad, were also recorded during the period 1968–1969.
Original compositions by Kaukonen on the 1971 Jefferson Airplane album, Bark are an instrumental, "Wild Turkey," "Feel So Good," and the acoustic autobiographical "Third Week in the Chelsea," detailing his feelings about the disintegration of the band.
(https://en.wikipedia.org)
- 1944: David E. Nichols is born
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David E. Nichols (born December 23, 1944) is an American pharmacologist and medicinal chemist.
Presently the Robert C. and Charlotte P. Anderson Distinguished Chair in Pharmacology at Purdue University, Nichols has worked in the field of psychoactive drugs since 1969. While still a graduate student, he patented the method that is used to make the optical isomers of hallucinogenic amphetamines. His contributions include the synthesis and reporting of escaline and the coining of the term entactogen.
He is the founding president of the Heffter Research Institute, named after German chemist and pharmacologist Arthur Heffter, who first discovered that mescaline was the active component in the peyote cactus. In 2004 he was named the Irwin H. Page Lecturer by the International Serotonin Club, and delivered an address in Portugal titled, "35 years studying psychedelics: what a long strange trip it's been." Among pharmacologists, he is considered to be one of the world's top experts on psychedelics. Dr. Nichols' other professional activities include teaching medicinal chemistry and molecular pharmacology at Purdue University in West Lafayette, IN, and teaching medical students at the Indiana University School of Medicine.
Education
* B.S. - 1969 - University of Cincinnati * Ph.D. - 1973 - University of Iowa * Postdoc Work - 1973-74 - University of Iowa
Research areas
Dr. Nichols' work as a chemist is interesting in that he is still carrying out legitimate research on the chemistry of psychedelics. He has published approximately 250 scientific reports and book chapters, all describing the relationship between the structure of a molecule and its biological effects (often referred to as a Structure-activity relationship, or SAR). Although his research mostly uses rats, a number of compounds included in Shulgin's PIHKAL were actually first synthesized in the Nichols' lab. His lab also first developed [125I]-(R)-DOI as a radioligand. Nichols is one of the few people who has published legitimate research on the chemistry and pharmacology of LSD in the last 20 years, and first reported that several LSD analogues, including ETH-LAD, PRO-LAD, and AL-LAD, were more potent than LSD itself. Their human effects are described in TiHKAL. He also improved the synthesis of psilocybin so that it would be accessible for several recent clinical studies.
Other notable research he helped carry out includes extensive studies of the structure-activity relationships and mechanisms of action of MDA and MDMA, during which he helped to discover many novel analogues including such compounds as 5-methyl-MDA, 4-MTA and MDAI.
More recently, Dr. Nichols has become one of the world leaders in research on dopamine, and his team has developed several notable dopamine receptor ligands, including the selective D1 full agonist compounds dihydrexidine and dinapsoline which have been researched for the treatment of Parkinson's disease, and a number of other subtype-selective dopamine agonists derived from dinoxyline. He co-founded DarPharma, Inc. to commercialize his dopamine compounds; several of his team's compounds are now being studied in clinical trials for the treatment of Parkinson's disease and the cognitive and memory deficits of schizophrenia.
(https://en.wikipedia.org)
- 1965: Timothy Leary is arrested for the first time
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Leary's first run-in with the law came on December 20, 1965 December 23, 1965. Leary decided to take his children and Rosemary to Mexico for an extended stay to write a book. During a border crossing with his girlfriend Rosemary Woodruff and two children Jack and Susan from Mexico into the United States, marijuana was found in his daughter Susan's underwear. They had crossed into Laredo, Mexico in the late afternoon and discovered they would have to wait until morning for the appropriate visa for an extended stay. They decided to cross back into Texas to spend the night and were on the bridge when Rosemary remembered she had a very small amount of marijuana in her possession. It was impossible to throw it out on the bridge so Susan put it in her underwear. After taking responsibility for the controlled substance, Leary was convicted of possession under the Marihuana Tax Act on March 11, 1966, and sentenced to 30 years in jail, given a $30,000 fine and ordered to undergo psychiatric treatment. Soon after, however, he appealed the case, claiming the Marihuana Tax Act was, in fact, unconstitutional, as it required a degree of self-incrimination. Leary claimed this was in stark violation of the Fifth Amendment.
(https://en.wikipedia.org)
Actual date of Leary's first arrest was December 23rd, as per many newspaper accounts such as:
- Eureka Humboldt Standard (Eureka, California), 24 Dec 1965, Fri, Page 22
- Poughkeepsie Journal (Poughkeepsie, New York) 24 Dec 1965, Fri
- The Berkshire Eagle (Pittsfield, Massachusetts) 24 Dec 1965, Fri Page 41
- Pampa Daily News (Pampa, Texas), 24 Dec 1965, Fri, Page 1
- The Brownsville Herald (Brownsville, Texas) 24 Dec 1965, Fri, Page 17
- The Courier-Journal (Louisville, Kentucky), 24 Dec 1965, Fri, Page 4
- The Monroe News-Star (Monroe, Louisiana), 24 Dec 1965, Fri, Page 2
- The Paris News (Paris, Texas), 24 Dec 1965, Fri, Page 2
- The Raleigh Register (Beckley, West Virginia), 24 Dec 1965, Fri, Page 2
- The Waco News-Tribune (Waco, Texas), 24 Dec 1965, Fri, Page 13
(my research)
Quote:
The UFO Club was a famous but short-lived UK underground club in London during the 1960s, venue of performances by many of the top bands of the day.
History
The UFO Club (pronounced Yoof-oh) was founded by John Hopkins (usually known as "Hoppy") and Joe Boyd in an Irish dancehall called the "Blarney Club" in the basement of 31 Tottenham Court Road, under the Gala Berkeley Cinema. It opened on Dec. 23, 1966. Initially the club was advertised as "UFO Presents Nite Tripper". This had been because Boyd and Hopkins could not decide on "UFO" or "Nite Tripper" as a name for their club. Eventually they settled on "UFO".
Soft Machine and Pink Floyd were booked for the first two Fridays, and then re-engaged as the club carried on into 1967 after its initial success. Initial events combined live music with light shows, avant garde films and slide shows, and dance troupes.
Pink Floyd's tenure at UFO was short run. As their fame grew they were able to play bigger venues for higher fees. Boyd protested that their increasing fame was largely due to the success of UFO, but the band's management wanted to move on and an agreement was made for just three more Floyd performances at UFO, at an increased fee.
Hopkins and Boyd had to cast around for a new "house band" for UFO. They settled on Soft Machine but also started booking other acts who were attracted by the club's reputation. Amongst them were The Incredible String Band, Arthur Brown, Tomorrow, and Procol Harum, who played there when "A Whiter Shade of Pale" was No 1 in the charts.
An advertisement featuring the Flammarion engraving in the Feb 13–26 issue of The International Times for "UfOria! Festival of Love 10.30 till dawn" [sic] announced "feb.10 — the bonzo dog doodah band • flix–dali–bunuel • ginger johnson african drums" as well as "feb 17 — soft machine • mark boyle projections • movies • food • erogenius 3 + 4".
Hapshash and the Coloured Coat, consisting of Michael English and Nigel Waymouth, designed psychedelic posters to advertise events. The food was macrobiotic and included brown rice rissoles, vegetarian stuffed vine leaves and felafel.
Jack Braceland's (Fiveacres Lights) created some of the light shows with equipment which ranged from 16mm projection of what we would now call 'art house' films (often projected sideways or projected into smoke) or 5 Kw 'Pani's' (effects projectors) borrowed from Samuelsons at Pinewood or Elstree film studios (or Strand Electric at Vauxhall) to overhead projectors with transparent trays borrowed from refrigerators and filled with water/indian ink/beer/whatever. A favorite was to use 'Aldis' slide projectors with dual layer 2×2 glass specimen slides with basic designs created with wax crayons (drawn by Lou – the oft naked lady) and then various substances introduced with syringes – indian inks, snot, semen – in fact anything of imiscible viscosities. Bubbles made by injecting air between the glass plates which were then squeezed (by a pair of long nose pliers – in time to the music) would send folks even further off their heads!
The UFO Club’s success was its downfall — being too small to accommodate the increasing number of visitors. If a big name such as Jeff Beck was playing, UFO broke even, but the club usually lost money. In October 1967 the UFO Club at the Roundhouse folded.
(https://en.wikipedia.org)
- 1967: The Rolling Stones release the single for "She's A Rainbow" b/w "2000 Light Years From Home"
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"She's a Rainbow" is a song by the English rock 'n roll band The Rolling Stones and was featured on their 1967 album Their Satanic Majesties Request.
Written by Mick Jagger and Keith Richards, "She's a Rainbow" was recorded on 18 May 1967. It is most famous for its vibrant piano by Nicky Hopkins, Brian Jones' use of the mellotron, and its rich lyricism by Jagger. “ Have you seen her all in gold,
Like a queen in days of old? She shoots colours all around like a sunset going down. Have you seen a lady fairer? ”
John Paul Jones, later of Led Zeppelin, arranged the strings of this song during his session days. Despite rumours, none of The Beatles performs on this track. Backing vocals were by Jagger and Richards.
The lyrics in the chorus share the phrase "she comes in colours" with the song of that title by Love released in December 1966.
The song uses humorous devices including, towards the ending of the song, when the strings play out of tune and off key, during the instrumental introduction. Also, the rest of the Stones, are singing their "La La's" like little children. Finally the song ends on an unusual sour electric guitar chord.
Release and aftermath
It was released as a single in December 1967 and went to #25 in the U.S. It is included on a large number of the Stones' hits compilations that cover this period, including Forty Licks. It was performed occasionally on the 1997-98 Bridges to Babylon Tour. Apple Inc. used this song in an advertisement for the iMac G3. Later Sony used the song in an ad for BRAVIA.
(https://en.wikipedia.org)
"2000 Light Years From Home" is a song from The Rolling Stones' 1967 psychedelic rock album Their Satanic Majesties Request.
Written by Mick Jagger and Keith Richards, it also appeared as the B-side to the U.S. single "She's a Rainbow". Jagger reportedly wrote the lyrics in Brixton prison following his conviction on drug charges in June 1967. The working title of the instrumental backing was "Toffee Apple". The prominent string part is played by Brian Jones on mellotron.
The number was regularly featured during the Rolling Stones' 1989-90 Steel Wheels/Urban Jungle Tours; until 1997, when "She's a Rainbow" was also added to the band's stage repertoire, it was the only track from Satanic Majesties that the band had performed in concert.
(https://en.wikipedia.org)
"She's a Rainbow" was released as a single in the United States (but not in the United Kingdom), with "2000 Light Years from Home" as its B-side, on December 23, 1967. It reached number 25 on the Billboard pop chart on January 27, 1968.
(https://books.google.com)
Quote:
SHELDON PERLUSS Register Number: 70946-011 space
Age: 67 Race: White Sex: M space
Released On: 12/23/1982
(http://www.bop.gov)
- 1986: R. Gordon Wasson dies.
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Robert Gordon Wasson (September 22, 1898 – December 23, 1986) was an author, amateur researcher and banker. In the course of independent research, he made contributions to the fields of ethnobotany, botany, and anthropology. Several of his books were self-published in illustrated, limited editions and have never been reprinted.
Work
Wasson's studies in ethnomycology began during his 1927 honeymoon trip to the Catskill Mountains when his bride, Valentina Pavlovna Guercken, a paediatrician, chanced upon some edible wild mushrooms. Fascinated by the marked difference in cultural attitudes towards the fungus in Russia compared to the United States, the couple began field research which led to the writing of Mushrooms, Russia and History published in 1957. In the course of their investigations, they mounted expeditions to Mexico to study the religious use of mushrooms by the native population. They became the first Westerners to participate in a Mazatec sacred mushroom ritual. In 1957, they published a Life magazine article (Seeking the Magic Mushroom), bringing knowledge of the existence of psychoactive mushrooms to a wide audience for the first time. Through his collaboration with Roger Heim, the mushrooms were subjected to scientific study, and Albert Hofmann, using material grown by Heim from specimens collected by the Wassons, identified the chemical structure of the active compounds, psilocybin and psilocin. Two species of mushroom, Psilocybe wassonii Heim and Psilocybe wassonorum Guzman were named in honor of R. Gordon Wasson. Hofmann and Wasson were also the first Westerners to collect specimens of the Mazatec hallucinogen Salvia divinorum, leading to its description as a new species, and bringing it into cultivation outside of Mexico.
Experiences with the magic mushrooms apparently had a profound effect on Wasson, and fungi remained a persistent theme in his work. His next major contribution was a study of the ancient Vedic intoxicant Soma, which he proposed was based on the psychoactive Fly Agaric (Amanita muscaria) mushroom. This was published in 1967 under the title Soma: Divine Mushroom of Immortality. His attention then turned to the Eleusinian Mysteries, the initiation ceremony of the ancient Greek cult of Demeter and Persephone. In The Road to Eleusis: Unveiling the Secret of the Mysteries (1978), co-authored with Albert Hofmann and Carl A. P. Ruck, it was proposed that the special potion "kykeon", a pivotal component of the ceremony, contained psychoactive ergoline alkaloids from the fungus Ergot (Claviceps spp.).
Ethnography
Prior to his work on Soma, theologians had interpreted the Vedic and Magian practices to have been based on alcoholic beverages that produced inebriation. Wasson was the first researcher to propose that the form of Vedic intoxication was entheogenic.
Further reading
* Forte, Robert. Entheogens and the Future of Religion. San Francisco: Council on Spiritual Practices, 1997. * Furst, Peter T. Flesh of the Gods: The Ritual Use of Hallucinogens. 1972. * Riedlinger, Thomas J. The Sacred Mushroom Seeker: Essays for R. Gordon Wasson. Portland: Dioscorides Press, 1990. * Wasson, R. Gordon, Stella Kramrisch, Jonathan Ott, and Carl A. P. Ruck. Persephone's Quest: Entheogens and the Origins of Religion. New Haven: Yale University Press, 1986. * Wasson, R. Gordon. The Last Meal of the Buddha. Journal of the American Oriental Society, Vol. 102, No. 4. (Oct. - Dec., 1982). p 591-603. * Wasson, R. Gordon. The Wondrous Mushroom: Mycolatry in Mesoamerica. New York: McGraw-Hill, 1980. * Wasson, R. Gordon, et al. The Road to Eleusis: Unveiling the Secret of the Mysteries. New York: Harcourt, 1978. * Wasson, R. Gordon. Maria Sabina and Her Mazatec Mushroom Velada. New York: Harcourt, 1976. * Wasson, R. Gordon. A Review of Carlos Castaneda's "Tales of Power." Economic Botany. vol. 28(3):245-246, 1974. * Wasson, R. Gordon. A Review of Carlos Castaneda's "Journey to Ixtlan: The Lessons of Don Juan." Economic Botany. vol. 27(1):151-152, 1973. * Wasson, R. Gordon. A Review of Carlos Castaneda's "A Separate Reality: Further Conversations with Don Juan." Economic Botany. vol. 26(1):98-99. 1972. * Wasson, R. Gordon. A Review of Carlos Castaneda's "The Teachings of Don Juan: A Yaqui Way of Knowledge." Economic Botany. vol. 23(2):197. 1969. * Wasson, R. Gordon. Soma: Divine Mushroom of Immortality. 1968. * Wasson, Valentina Pavlovna, and R. Gordon Wasson. Mushrooms, Russia and History. 1957. * Wasson, R. Gordon. Seeking the Magic Mushroom Life magazine, May 13, 1957
(https://en.wikipedia.org)
Edited by Learyfan (12/24/20 08:30 AM)
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Learyfan
It's the psychedelic movement!



Registered: 04/20/01
Posts: 34,083
Loc: High pride!
Last seen: 20 hours, 39 minutes
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Re: Today in psychedelic history (12/23) [Re: Learyfan]
#13676230 - 12/23/10 04:01 PM (13 years, 1 month ago) |
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Happy Birthday David E. Nichols
-------------------- -------------------------------- Mp3 of the month: The Apple-Glass Cyndrome - Someday
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Learyfan
It's the psychedelic movement!



Registered: 04/20/01
Posts: 34,083
Loc: High pride!
Last seen: 20 hours, 39 minutes
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Re: Today in psychedelic history (12/23) [Re: Learyfan]
#13676238 - 12/23/10 04:06 PM (13 years, 1 month ago) |
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"She's Like A Rainbow" and "2000 Light Years From Home"
-------------------- -------------------------------- Mp3 of the month: The Apple-Glass Cyndrome - Someday
Edited by Learyfan (12/23/14 05:42 AM)
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Learyfan
It's the psychedelic movement!



Registered: 04/20/01
Posts: 34,083
Loc: High pride!
Last seen: 20 hours, 39 minutes
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Re: Today in psychedelic history (12/23) [Re: Learyfan]
#15561093 - 12/23/11 10:46 AM (12 years, 1 month ago) |
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Annual bump.
-------------------- -------------------------------- Mp3 of the month: The Apple-Glass Cyndrome - Someday
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Learyfan
It's the psychedelic movement!



Registered: 04/20/01
Posts: 34,083
Loc: High pride!
Last seen: 20 hours, 39 minutes
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Re: Today in psychedelic history (12/23) [Re: Learyfan]
#17435845 - 12/23/12 07:29 AM (11 years, 1 month ago) |
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45th anniversary of the "She's A Rainbow" single today.
-------------------- -------------------------------- Mp3 of the month: The Apple-Glass Cyndrome - Someday
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Learyfan
It's the psychedelic movement!



Registered: 04/20/01
Posts: 34,083
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Re: Today in psychedelic history (12/23) [Re: Learyfan] 1
#19315121 - 12/23/13 07:58 AM (10 years, 1 month ago) |
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Here's more about Sheldon Perluss' LSD case.
Quote:
625 F.2d 1371: United States of America, Plaintiff-appellee, v. Peter Wylie, Defendant-appellant.united States of America, Plaintiff-appellee, v. Sheldon Perluss, Defendant-appellant.united States of America, Plaintiff-appellee, v. David Bachrach, Defendant-appellant
United States Court of Appeals, Ninth Circuit. - 625 F.2d 1371
Submitted Feb. 14, 1980.Decided July 16, 1980.Rehearing Denied in No. 79-1363 Sept. 8, 1980
Harry Hellerstein, Asst. Federal Defender, David Weitzman (on brief), Anne Flower Cumings (on brief), San Francisco, Cal., for defendant-appellant.
Robert Mueller, Asst. U. S. Atty., San Francisco, Cal., for plaintiff-appellee.
On Appeal from the United States District Court for the Northern District of California.
Before THORNBERRY,* ANDERSON and SKOPIL, Circuit Judges.
J. BLAINE ANDERSON, Circuit Judge:
¶1 The defendants (Wylie, Perluss, and Bachrach) bring this appeal from their convictions on a seven-count indictment charging a large scale LSD manufacturing and distribution operation. They raise several arguments on appeal which fall into three general categories: (1) the adequacy of the government's denial of electronic surveillance; (2) the outrageousness of the government's involvement in the criminal enterprise; and (3) various challenges to the length of sentences which were imposed. We find no reversible error and affirm their convictions. For the reasons stated hereinafter, the sentences are vacated and we remand for resentencing.
¶2 This criminal enterprise had its origin with the defendant Bachrach's dreams of great wealth. Bachrach, a sometime college teacher, talked with his friend Alfred Bloch about one such scheme for making large amounts of money. The two men discussed the possibility of obtaining ergotamine tartrate (ET) which is used for manufacturing LSD, and the possibility of selling LSD itself. The discussion eventually took concrete form when Bachrach paid $2,000 to send Bloch to Poland in an unsuccessful attempt to obtain LSD crystals.
¶3 For reasons which are less than clear, Bloch approached the authorities and agreed to work for them in setting up his friend Bachrach. On instructions from DEA agents, Bloch told Bachrach that he could obtain ET from a source in San Francisco.
¶4 On November 24, 1978, Bachrach flew to San Francisco and met two undercover DEA agents who posed as Bloch's "source." Bachrach told the agents that he wanted to obtain one-half to one full kilogram of ET each month for a clandestine LSD lab in Berkeley. In turn, the agents explained to Bachrach that they would supply him with ET in exchange for LSD. Three days later, Bachrach met with the DEA agents and gave them 400 units of LSD, as well as a price list of the different types of LSD which could be supplied. (The list was in the defendant Wylie's handwriting.)
¶5 On November 30, Bachrach and Wylie both met with the DEA agents and Wylie bragged about the size of the LSD operation. The parties agreed to exchange 30,000 units of LSD for 100 grams of ET. The next meeting was on December 1, at which time Bachrach gave 30,000 units of LSD to the agents for a bottle of ET pursuant to the earlier agreement.
¶6 This was followed by Bachrach's sale of 2,000 tablets of LSD to the agents on December 7 in exchange for $900. A week later, Bachrach gave the agents a shopping list (handwritten by Wylie) of additional chemicals which were needed. These chemicals were given to Bachrach on January 2, 1979. Bachrach turned these chemicals over to Donald Goetz1 the next day. Goetz then gave them to Wylie. In turn, Wylie transferred the chemicals to Perluss on the following day.
¶7 Meanwhile, on January 3, Bachrach and Wylie exchanged 54,000 units of LSD for 100 grams of ET. The final exchange took place on January 18 when Bachrach gave 226,400 units of LSD to the agents in exchange for more ET. The defendants were all arrested on January 18. The residence of Perluss was searched and a number of chemicals and formulas used for manufacturing LSD were found.
¶8 All of the defendants were charged with conspiracy to manufacture and distribute LSD in violation of 21 U.S.C. § 846 (Count 1). Wylie and Bachrach were charged with four counts for the actual distribution of LSD in violation of 21 U.S.C. § 841(a)(1) (Counts 2 through 5). These substantive counts were based on the four different exchanges which occurred on November 27, December 1, December 7, and January 3. The sixth count charged Wylie, Bachrach, and Perluss with distribution (21 U.S.C. § 841(a)(1)) based on the exchange of the 226,400 units of LSD on January 18. And finally, the seventh count, charged Wylie and Bachrach with the use of a telephone to facilitate distribution of LSD in violation of 21 U.S.C. § 843(b). After a six-day trial, on April 4, 1979, a jury found the defendants guilty on all counts.
¶9 Bachrach, who was found guilty on all seven counts, was sentenced to a total of fifteen years.2 Wylie, who was also convicted on all seven counts, was sentenced to twenty years.3 And Perluss, who was found guilty on the two counts charged against him, was sentenced to a total of seven years.4
¶10 After sentencing, the defendants all filed timely notices of appeal. This court has jurisdiction under 28 U.S.C. § 1291 to consider their claims of error.
¶11 Prior to trial, counsel for Perluss filed a claim under 18 U.S.C. § 3504 asserting that she had been the subject of illegal electronic surveillance in connection with her representation of Perluss. The government made a general denial of any such electronic surveillance. Perluss' counsel then filed a supplemental affidavit in support of the § 3504 claim. The government responded by filing a more detailed denial of electronic surveillance. On appeal, Perluss argues that the government's denial was inadequate and asks this court to remand to the district court for an evidentiary hearing on the electronic surveillance claim.
¶12 When a defendant makes a prima facie showing that he or his attorney was subjected to electronic surveillance, the burden then shifts to the government to "unequivocally affirm or deny the use of such surveillance." United States v. Gardner, 611 F.2d 770, 774 (9th Cir. 1980); United States v. See, 505 F.2d 845, 855-856 (9th Cir. 1974), cert. denied, 420 U.S. 992, 95 S.Ct. 1428, 43 L.Ed.2d 673. United States v. Alter, 482 F.2d 1016, 1026-1027 (9th Cir. 1973). Because this could place an awesome burden on the government to respond to frivolous claims, we have established specific requirements for the defendant to satisfy in order to make out a colorable claim. See, supra, 505 F.2d at 856.5 In addition, the "specificity of the prosecution's denial and the comprehensiveness of the search on which the denial is predicated must be measured against the specificity of the allegations of unlawful electronic surveillance and the strength of the support for those allegations." Gardner, supra, 611 F.2d at 774. And finally, the task of striking a balance between "the conflicting and sensitive interests at stake" when this type of question arises, "properly lies with the district court." Alter, supra, 482 F.2d at 1026.
¶13 In the supplemental affidavit submitted by Perluss' counsel, she stated that on March 19, 1979, she held a conference with Perluss between eleven and noon. Before, during and after the conference, her cousin was in her house and used her phone. Her cousin informed her that the use of the phone was normal before and after the conference with Perluss. However, the use of the phone during the time of the conference "consistently had a conversation in the background between two persons." Based on the events related to her by her cousin, Perluss' attorney stated that she believed "there was an unauthorized, governmental interception of wire and/or oral communications during the attorney-client conference at her home on March 19, 1979, between the hours of eleven and noon."
¶14 The district court found that this affidavit raised a question of electronic surveillance and ordered the government to make a check of the relevant agencies to determine if there had been any illegal electronic surveillance. The government attorney who was in charge of the prosecution of this case responded with a declaration which denied any such electronic surveillance of Perluss or his attorney. The government attorney stated that he was unaware of any electronic surveillance except for that which had already been disclosed to the defendants (and was not at issue). Incorporated into the declaration was the summary of the Justice Department's search of the records from the different government agencies.6 The search disclosed no evidence that on March 19, 1979, either Perluss or his attorney was subjected to surveillance by electronic, mechanical, or other reception device. And lastly, the government offered the statement by the agent who was in charge of the investigation into this case. The agent stated unequivocally that at no time was any type of wiretap or area bug ever used during the investigation of the case. The only electronic surveillance which had been utilized involved the use of body recorders worn by the undercover agents during their meetings with the defendants, and the undercover agents' recording of their telephone conversations with the defendants (as mentioned earlier, these had been disclosed and were not at issue).
¶15 We believe that the district court struck the proper balance between the conflicting and sensitive interests which were raised by the electronic surveillance question. Perluss' claim raised a colorable question. Although it may not have satisfied the detailed requirements of Alter, supra, the district court ordered the government to respond. After conducting searches of the different agency records, the government denied the claim. In addition, the two principal government officers who were involved in the case unequivocally denied any electronic surveillance as alleged by Perluss. While the government could have filed a more detailed denial, we believe that the one which was filed, when measured against Perluss' claim, provided a sufficient basis to support the district court's finding that there had been no electronic surveillance. It should be remembered that, as a practical matter, it is oftentimes difficult to prove a negative. See Weimerskirch v. C. I. R., 596 F.2d 358, 361 (9th Cir. 1979). We hold that the government's denial of electronic surveillance was adequate and no further proceedings are necessary on this question.
¶16 The defendants argue that the involvement of the DEA agents in the criminal enterprise was so improper that it amounted to a violation of due process. This argument is based on the following sequence of events. Bloch initially "set up" Bachrach by having him meet undercover DEA agents. According to Bachrach, he only intended to purchase ET (a necessary ingredient for making LSD), and it was the DEA agents who suggested that they receive payment in LSD. Thereafter, Bachrach brought in Wylie and Perluss, who attempt to ride vicariously on the coattails of Bachrach's argument. The defendants claim that the agents were able to set up the different exchanges in order to add additional charges.
¶17 We have no trouble at all in rejecting all of the defendants' different phrasings of their due process arguments.
¶18 Initially, it should be noted the defendants cannot claim entrapment. An entrapment instruction was given to the jury. By convicting the defendants, the jury obviously rejected the entrapment defense and thereby found that the defendants had been predisposed to commit the crimes.
¶19 On appeal, the defendants rely on the close relative of the entrapment defense which may be referred to as the outrageous involvement defense.7 The Supreme Court has observed that due process may bar a conviction where the government's involvement in a criminal enterprise has become sufficiently outrageous and shocking to the universal sense of justice. See United States v. Russell, 411 U.S. 423, 431-432, 93 S.Ct. 1637, 1642-1643, 36 L.Ed.2d 366 (1973); Hampton v. United States, 425 U.S. 484, 495, 96 S.Ct. 1646, 1652, 48 L.Ed.2d 113 (1976) (Powell, J., concurring). This court has recognized that a criminal defendant may have a due process defense when the government's involvement has been sufficiently outrageous. United States v. McQuin, 612 F.2d 1193, 1196 (9th Cir. 1980), cert. denied, --- U.S. ----, 100 S.Ct. 1607, 63 L.Ed.2d 791; United States v. Prairie, 572 F.2d 1316, 1319 (9th Cir. 1978); United States v. Gonzalez, 539 F.2d 1238, 1239 (9th Cir. 1976); United States v. Gonzales-Benitez, 537 F.2d 1051, 1055 (9th Cir. 1976), cert. denied, 429 U.S. 923, 97 S.Ct. 323, 50 L.Ed.2d 291. Not only do we have no problem whatsoever in concluding that the government's involvement in this case was not outrageous enough to trigger the protection of the due process clause, but we do not see how the action of the undercover agents may be characterized as anything but good, solid undercover investigative work.8
¶20 First of all, it is well established that "the government may employ undercover tactics to infiltrate criminal ranks and may rely on paid informants in order to locate and arrest criminals." McQuin, supra, 612 F.2d at 1196; Prairie, supra, 572 F.2d at 1319. The mere fact that Bloch was a paid informant, and the two agents were operating undercover does not provide any support to the defendants' argument.
¶21 Bachrach's contention that the agents initiated the idea that LSD would be exchanged for ET also does not afford any support to the outrageousness claim. After all, Bachrach's predisposition toward the sale of LSD was abundantly clear in the record. And there is no indication that Bachrach even as much as hesitated at using LSD as the medium of exchange for the ET.
¶22 Bachrach and Wylie make much of the series of transactions which were separately charged in the indictment. This does not create any problem in the present case. The agents were investigating a continuing large scale LSD manufacturing and distribution ring. In order to find as many of the participants as possible, it was entirely proper for the agents, given the posture of this case, to carry out a series of exchanges. Likewise, we can perceive nothing sinister in the United States Attorney's decision to charge the separate offenses. See United States v. Batchelder, 442 U.S. 114, 123-124, 99 S.Ct. 2198, 2203-2204, 60 L.Ed.2d 755 (1979); Bordenkircher v. Hayes, 434 U.S. 357, 364, 98 S.Ct. 663, 668, 54 L.Ed.2d 604 (1978).9
¶23 And finally, the defendants argue that an instruction on outrageous involvement should have been submitted to the jury. It was entirely proper for the district court to deny this request. The question of the outrageous involvement of government agents is a question of law for the court. McQuin, supra, 612 F.2d at 1196-1197; Prairie, supra, 572 F.2d at 1319; Gonzalez, supra, 539 F.2d at 1240 n.1.10
¶24 We conclude that the trial court was correct in refusing to find, as a matter of law, outrageous involvement by the government agents.11 And, the defendants were not entitled to have a jury instruction on this question.
¶25 The defendants make several broad sweeping arguments against the sentences which they received. As pointed out earlier, Bachrach was sentenced to fifteen years based on the three separate consecutive sentences; Wylie was sentenced to twenty years based on four separate consecutive sentences; and Perluss was sentenced to seven years based on two separate consecutive sentences. We find no merit to any of the defendants' contentions about the impropriety of their sentences.
¶26 Prior to our consideration of the defendants' arguments, it should be noted that a district judge has wide discretion in determining what sentence to impose. United States v. Tucker, 404 U.S. 443, 446-447, 92 S.Ct. 589, 591-592, 30 L.Ed.2d 592 (1972). As long as the sentence is within statutory limits, it is generally not subject to review on appeal. Id.
¶27 Bachrach says that common sense should tell the court that he, the "least culpable" member of the conspiracy, should not have been sentenced to eight more years than Perluss, the "most culpable" member of the conspiracy. Not only is there no legal support for this argument, but it is also refuted by the fact that Bachrach was charged and convicted on seven counts, whereas Perluss was only charged and convicted on two.
¶28 Both Bachrach and Wylie claim that they should not have received consecutive sentences. We find nothing wrong with the use of consecutive sentences to punish Bachrach and Wylie. After all, consecutive sentences can be imposed after convictions for conspiracy and the underlying substantive offense. Iannelli v. United States, 420 U.S. 770, 777-778, 95 S.Ct. 1284, 1289-1290, 43 L.Ed.2d 616 (1975); United States v. Kearney, 560 F.2d 1358, 1365-1367 (9th Cir. 1977), cert. denied, 434 U.S. 971, 98 S.Ct. 522, 54 L.Ed.2d 460. In addition, consecutive sentences can be imposed for the separate commission of the same crime. See United States v. Long, 524 F.2d 660, 661-662 (9th Cir. 1975); United States v. Taxe, 572 F.2d 216, 217 (9th Cir. 1978), cert. denied, 436 U.S. 918, 98 S.Ct. 2265, 56 L.Ed.2d 759. As with most areas of sentencing, the use of consecutive sentences lies within the discretion of the district court. United States v. Dubrofsky, 581 F.2d 208, 214 (9th Cir. 1978). Neither Bachrach nor Wylie is able to show any reason why these rules should be departed from in their cases.
¶29 Wylie correctly states that the maximum sentence for first offenders (like himself) under 21 U.S.C. § 841(b)(1)(B) is five years. Based on this, Wylie argues that he should have only been sentenced to a total of five, rather than twenty years. We disagree. Wylie was charged and convicted with six separate offenses punishable under 21 U.S.C. § 841(b)(1)(B). There is nothing in either the language of the statute or the legislative history which can be read in support of Wylie's argument that the maximum sentence for one violation of the statute also serves as the maximum sentence when there are five other separate violations of the same statute. See, e. g., United States v. Valot, 481 F.2d 22, 25-26 (2d Cir. 1973); Dubrofsky, supra, 581 F.2d at 213. Therefore, the maximum sentence which Wylie could have received for his six separate convictions under 21 U.S.C. § 841(b)(1)(B) was six consecutive five-year terms, or a total of thirty years.
¶30 In addition, Wylie claims that his sentence to twenty years amounts to cruel and unusual punishment in violation of the Eighth Amendment. Since Wylie's sentence was within the statutory maximum, it was not cruel and unusual. United States v. Washington, 578 F.2d 256, 258 (9th Cir. 1978); see, e. g., Rummel v. Estelle, --- U.S. ----, 100 S.Ct. 1133, 63 L.Ed.2d 382 (1980).
¶31 Unlike Bachrach and Wylie, Perluss was only charged with the one conspiracy count (Count 1) and the one distribution count (Count 6). He concedes that these offenses involve separate crimes. Nevertheless, he argues that his consecutive sentences of four years on the conspiracy count and three years on the distribution count were constitutionally improper because of an instruction which was given to the jury. We recognize that there is a certain amount of logical appeal to Perluss' argument, but nevertheless reject it.12
¶32 There was no evidence linking Perluss to the distribution charge in Count 6. Because of this, the court gave the Pinkerton instruction at the government's request.13 This instruction told the jury that as long as they found Perluss guilty of the conspiracy charged in Count 1, then he could also be convicted of the substantive distribution charge in Count 6 if one of Perluss' fellow conspirators had committed that offense. For the prosecution to prove its case against Perluss on the distribution charge, it only had to show the statutory elements of the conspiracy charge plus one additional element, that is, that one of the other co-conspirators had actually distributed the LSD as charged in Count 6.
¶33 The Double Jeopardy Clause protects against multiple punishments for the same offense. Simpson v. United States, 435 U.S. 6, 11 n.5, 98 S.Ct. 909, 912 n.5, 55 L.Ed.2d 70 (1978); North Carolina v. Pearce, 395 U.S. 711, 717, 89 S.Ct. 2072, 2076, 23 L.Ed.2d 656 (1969). Since Perluss received consecutive sentences for the conspiracy conviction and the distribution conviction, he claims that he is receiving double punishment for the same offense.
¶34 The basic premise to Perluss' argument is that the conspiracy charge merged or became the same offense with the distribution charge after the Pinkerton instruction was given. In support of this premise, he relies upon the Blockburger test. Blockburger v. United States, 284 U.S. 299, 52 S.Ct. 180, 76 L.Ed. 306 (1932). Where the same act or transaction constitutes a violation of two distinct statutory provisions, the test which is applied for determining whether there are two offenses or only one turns on "whether each provision requires proof of a fact which the other does not." Id. at 304, 52 S.Ct. at 182. The "proof of a fact" referred to under this test does not simply relate to whether the same evidence is used at trial to prove the two charges.14 Instead, the test focuses on the statutory elements of the different offenses. United States v. Ohlson, 552 F.2d 1347, 1349-1350 (9th Cir. 1977).
¶35 As a general rule, a substantive charge, and conspiracy charge based on the substantive charge, pass muster under the Blockburger test and retain their separateness. Iannelli, supra, 420 U.S. at 785 n.17, 95 S.Ct. at 1293 n.17; Kearney, supra, 560 F.2d 1365-1367. The reason for this is because a requirement for a conspiracy conviction is proof of an agreement which is not necessary to prove an underlying substantive count. Kearney, supra, 560 F.2d at 1367. And, conviction on the substantive count will require the consummation of the crime, which, of course, is not essential for completing the crime of conspiracy. Id.
¶36 However, in this case, this distinction between the two offenses no longer holds true because of the Pinkerton instruction. The jury was told that in order for Perluss to be found guilty of the distribution charge, they only needed to find him guilty of the conspiracy charge and find that a co-conspirator had undertaken the actual distribution charged in Count 6. The agreement necessary to prove the conspiracy charge was also necessary to prove the distribution charge. Because this instruction was given, the conspiracy charge no longer required proof of an element that the distribution charge did not. Therefore, under Blockburger, Perluss claims that he should not have received consecutive sentences for this had the effect of punishing him twice for the same offense.
¶37 Although we acknowledge the logic to Perluss' reasoning, nevertheless, the preceding discussion does not serve as a basis for granting any relief to him because it is based on the erroneous assumption that the Blockburger test, when applied to consecutive sentences, states a rule of constitutional dimensions, which it in fact does not. The test articulated in Blockburger is merely a method for ascertaining the congressional intent to impose separate punishment for multiple offenses which arise during the course of a single act or transaction. Iannelli, supra, 420 U.S. at 785 n.17, 95 S.Ct. at 1293 n.17.
¶38 The question of whether a court may constitutionally impose multiple punishments is resolved by determining what punishment the legislative branch has authorized. Whalen v. United States, --- U.S. ----, ----, 100 S.Ct. 1432, 1436, 63 L.Ed.2d 715, 721 (1980). The role of the Double Jeopardy Clause, where consecutive sentences are imposed at a single criminal trial, "is limited to assuring that the court does not exceed its legislative authorization by imposing multiple punishments for the same offense." Brown v. Ohio, 432 U.S. 161, 165, 97 S.Ct. 2221, 2225, 53 L.Ed.2d 187 (1977). And so, the dispositive question in resolving Perluss' challenge is whether Congress authorized cumulative punishments for the conspiracy and distribution offenses. See Whalen, supra, --- U.S. at ----, 100 S.Ct. at 1436, 63 L.Ed.2d at 722.
¶39 Both of the statutes under which Perluss was convicted (21 U.S.C. § 846, and 21 U.S.C. § 841(a)(1)) were part of the Comprehensive Drug Abuse Prevention and Control Act of 1970. 21 U.S.C. §§ 801, et seq. We find nothing in either the Act or the legislative history which would indicate that Congress intended to depart from the general rule that courts can impose separate sentences for the conspiracy to commit an offense and the accomplishment of the substantive offense itself. See H.R.Rep. No. 91-1444, 91st Cong., 2d Sess., reprinted in 3 (1970) U.S.Code Cong. & Admin.News, p. 4566. In fact, we agree with the Second Circuit when it made the following observation:
¶40 "The structure and legislative history of the drug abuse act provide persuasive evidence that, because of the special dangers which conspiracies to distribute controlled drugs pose to society, Congress did intend that a conspiracy to violate the Act should constitute a separate crime in addition to the substantive offense."
¶41 United States v. Bommarito, 524 F.2d 140, 143-144 (2d Cir. 1975); accord Curtis v. United States, 546 F.2d 1188, 1190 (5th Cir. 1977), cert. denied, 431 U.S. 908, 97 S.Ct. 1705, 52 L.Ed.2d 393. In addition, this court has found that Congress intended to impose dual punishments for conspiracies which violate two different sections of this same Act. United States v. Marotta, 518 F.2d 681, 685 (9th Cir. 1975) (defendant was convicted for conspiring to distribute marijuana under 21 U.S.C. § 846 and conspiring to import the same marijuana under 21 U.S.C. § 963).
¶42 Based on the preceding, we conclude that Congress did intend to allow the courts to impose consecutive sentences for conspiracy (21 U.S.C. § 846), and for substantive offenses (21 U.S.C. § 841(a)(1)), even when the proof necessary to obtain a conviction for the former was necessary to obtain a conviction for the latter offense.15 Because we make this finding, we do not apply the Blockburger test for ascertaining the legislative intent. The consecutive sentences imposed upon Perluss were therefore proper.
¶43 After argument and submission of these appeals, the Supreme Court decided Bifulco v. United States, --- U.S. ----, 100 S.Ct. 2247, 64 L.Ed.2d --- (1980). The sentences imposed upon Bachrach, Wylie and Perluss on Count I, the conspiracy count, carried a special parole term of five years. Under Bifulco, the district court was without power to impose the special parole term on Count I. This issue was not raised by any defendant in this case. Nevertheless, we recognize the sentencing defect and vacate the special parole term imposed on each defendant under Count I.
¶44 The defendants were participants in a large business enterprise which manufactured and distributed LSD. In order to prevent such business operations from flourishing, a limited amount of government infiltration through undercover agents must be tolerated. While the penalties which were imposed on the defendants may have been severe, they were amply justified by the large scale nature of the illegal enterprise and the roles performed by the respective defendants.
¶45 The convictions of the defendants are AFFIRMED. The special parole term imposed on each defendant under Count I is VACATED.
(http://law.justia.com)
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Learyfan
It's the psychedelic movement!



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Re: Today in psychedelic history (12/23) [Re: Learyfan]
#21015555 - 12/23/14 05:45 AM (9 years, 1 month ago) |
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Happy 70th Birthday David E. Nichols!

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ShroomDoom
Friend of the Medicine



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Re: Today in psychedelic history (12/23) [Re: Learyfan] 1
#21015585 - 12/23/14 06:07 AM (9 years, 1 month ago) |
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Wow dude does Not look 70 at all.
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Learyfan
It's the psychedelic movement!



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Re: Today in psychedelic history (12/23) [Re: ShroomDoom]
#22689439 - 12/23/15 05:35 AM (8 years, 1 month ago) |
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Happy 75th Birthday to Jorma Kaukonen of Jefferson Airplane!

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Learyfan
It's the psychedelic movement!



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Re: Today in psychedelic history (12/23) [Re: Learyfan]
#23951298 - 12/23/16 10:34 AM (7 years, 1 month ago) |
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50th anniversary of the UFO Club today. Also, it's the 30th anniversary of the death of R. Gordon Wasson.

Quote:
R. Gordon Wasson
Sep 22, 1898 - Dec 23, 1986 (~11:30pm)
Summary
R. Gordon Wasson was an international banker, amateur mycologist, and author. He was born in Montana, raised in New Jersey, and served as a radio operator in the American Expeditionary Forces during World War I. After the war Wasson studied at the Columbia School of Journalism and the London School of Economics.
Wasson taught English and worked as a journalist for various magazines before, in 1926, marrying Valentina Pavlovna Guercken, a Russian-born pediatrician. Valentina's Russian upbringing included a comfort with wild mushrooms in contrast to Wasson's innate fear and repulsion. They explored the issue and together coined the terms "mycophobe" and "mycophile".
This interest in mushrooms led Wasson to Mexico in 1953 where he sought evidence of hallucinogenic mushrooms and their use by native people. He eventually met Maria Sabina, a Mazatec curandera who initiated Wasson into the experience of psilocybin mushrooms. He wrote up his experience in a famous article in Life Magazine in 1957. Wasson is also credited with having collected the first herbarium sample of Salvia divinorum in 1962 during his travels in Mexico.
In 1963, Wasson began researching the identity of Indian soma, with the theory that it could be identified as the Amanita muscaria mushroom. He travelled widely for more than five years before publishing his controversial results in the book Soma in 1969. In 1973, Wasson -- along with Jonathan Ott, Carl Ruck, Danny Staples and Jeremy Bigwood -- coined the term "entheogen" to describe mind-altering plants or chemicals which can induce a divine experience.
(https://erowid.org)
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Learyfan
It's the psychedelic movement!



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Re: Today in psychedelic history (12/23) [Re: Learyfan]
#24863408 - 12/23/17 08:38 AM (6 years, 1 month ago) |
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35th anniversary of Sheldon Perluss' release from prison. Not only was he involved in the LSD lab with Wylie and Bachrach, but 10 years prior to that, he was busted for selling 12,950 LSD tabs to an undercover.
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Learyfan
It's the psychedelic movement!



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Re: Today in psychedelic history (12/23) [Re: Learyfan]
#25697870 - 12/23/18 10:12 AM (5 years, 1 month ago) |
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Annual bump.
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Learyfan
It's the psychedelic movement!



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Re: Today in psychedelic history (12/23) [Re: Learyfan]
#26396857 - 12/23/19 06:36 AM (4 years, 1 month ago) |
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Happy 75th Birthday David E. Nichols!
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Learyfan
It's the psychedelic movement!



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Re: Today in psychedelic history (12/23) [Re: Learyfan]
#27103504 - 12/23/20 04:12 AM (3 years, 1 month ago) |
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Happy 80th Birthday to Jorma Kaukonen today! But also, it's the 55th anniversary of Timothy Leary's first arrest.
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Nature Boy
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Re: Today in psychedelic history (12/23) [Re: Learyfan] 1
#27104292 - 12/23/20 02:05 PM (3 years, 1 month ago) |
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Wow...although "fake" (this is from the TV series Dragnet???) these look exactly like the 4-ply Orange Sunshine I had back in 1970 - except for the color, which was a deep salmon-orange color instead of white. Shape and dimensions look virtually spot-on, though. Image stolen from post above (more than 7 years ago). Just sayin'.
https://files.growery.org/files/g12-002/628405405-LSD_pills_from_Dragnet.jpg
-------------------- All submitted posts under this user name are works of pure fiction or outright lies. Any information, statement, or assertion contained therein should be considered pure unadulterated bullshit. Note well: Sorry, but I do not answer PM's unless you are a long-time trusted friend. If you have a question, ask it in the appropriate thread.
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Learyfan
It's the psychedelic movement!



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Re: Today in psychedelic history (12/23) [Re: Nature Boy]
#27591442 - 12/23/21 05:11 AM (2 years, 1 month ago) |
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Haha, true! Well today is the 55th anniversary of the opening of the UFO Club. It's also the 35th anniversary of the death of R. Gordon Wasson today.
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Learyfan
It's the psychedelic movement!



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Re: Today in psychedelic history (12/23) [Re: Learyfan]
#28109641 - 12/23/22 08:37 AM (1 year, 1 month ago) |
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55th anniversary of "She's A Rainbow" today.
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Learyfan
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Re: Today in psychedelic history (12/23) [Re: Learyfan]
#28595043 - 12/23/23 08:49 AM (1 month, 4 days ago) |
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Annual bump.
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