Chapter 100. To prohibit the importation and use of opium for other than medicinal purposes
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CHAP. 100.— An Act To prohibit the importation and use of opium for other than medicinal purposes. February 9, 1909.[[H. R. 27427](/us/bill/70/hr/27427).][[Public, No. 221](/us/pl/70/221).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, That after the first day ofOpium.Importation prohibited. April, nineteen hundred and nine, it shall be unlawful to import into the United States opium in any form or any preparation or derivative thereof: *Provided*, That opium and preparations and derivatives thereof,*Proviso.*Opium, etc., for medicinal purposes excepted. other than smoking opium or opium prepared for smoking, may be imported for medicinal purposes only, under regulations which the Secretary of the Treasury is hereby authorized to prescribe, and whenDuties. so imported shall be subject to the duties which are now or may hereafter be imposed by law.
Sec. 2. That if any person shall fraudulently or knowingly importPenalty for violation. or bring into the United States, or assist in so doing, any opium or any preparation or derivative thereof contrary to law, or shall receive, conceal, buy, sell, or in any manner facilitate the transportation, concealment, or sale of such opium or preparation or derivative thereof after importation, knowing the same to have been imported contrary to law, such opium or preparation or derivative thereof shall be forfeited and shall be destroyed, and the offender shall be fined in any sum not exceeding five thousand dollars nor less than fifty dollars, or by imprisonment for any time not exceeding two years, or both.
Whenever, on trial for a violation of this section, the defendant isPossession, proof of guilt. shown to have, or to have bad, possession of such opium or preparation or derivative thereof, such possession shall be deemed sufficient evidence to authorize conviction unless the defendant shall explain the possession to the satisfaction of the jury. Approved, February 9, 1909.