Public Law 682.

6,993 words·~32 min read·/statutes-at-large/vol-52/public-law-682·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(/us/pl/75/681)] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, That all lands purchasedIsle Royale National Park, Mich.Certain acquired lands made a part of. from funds heretofore allocated and made available by Executive order, or otherwise, for the acquisition of lands for conservation or forestation purposes within the maximum boundaries of the Isle Royale National Park, as authorized by the Act of March 3, 1931[46 Stat. 1514](/us/stat/46/1514).[16 U. S. C. § 408](/us/usc/t16/s408).

(46 Stat. 1514), be, and the same are hereby, made a part of the said park as fully as if originally acquired for that purpose and theUse of allocated funds in acquisition of lands. proviso at the end of section 1 of the said Act of March 3, 1931, shall not be construed so as to prohibit the acquisition of lands in the park area with the aforesaid funds. Approved, June 20, 1938. To regulate the manufacturing, dispensing, selling, and possession of narcotic drugs in the District of Columbia. 1938-06-20 532 Chapter 52 Stat. 785 75 3 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

Digitization Vendor 2024-11-15 public [CHAPTER 532] AN ACT To regulate the manufacturing, dispensing, selling, and possession of narcotic drugs in the District of Columbia. June 20, 1938[[H. R. 7982](/us/bill/75/hr/7982)][[Public, No. 682](/us/pl/75/682)] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, The following wordsDistrict of Columbia. Uniform Narcotic Drug Act. and phrases, as used in this Act, shall have the following meanings, unless the context otherwise requires:

(a)“Person” includes any corporation, association, copartnership,Definitions.“Person.” or one or more individuals.

(b)“Physician” means a person authorized by law to practice“Physician.” medicine, or osteopathy in the District of Columbia.

(c)“Dentist” means a person authorized by law to practice dentistry“Dentist.” in the District of Columbia.

(d)“Veterinarian” means a person authorized by law to practice“Veterinarian.” veterinary medicine in the District of Columbia. 52 Stat. 786

(e)“Manufacturer.” “Manufacturer” means a person who by compounding, mixing, cultivating, growing, or other process produces or prepares narcotic drugs, but does not include an apothecary who compounds narcotic drugs to be sold or dispensed on prescription.

(f)“Wholesaler.” “Wholesaler” means a person who supplies narcotic drugs that he himself has not produced nor prepared on official written orders but not on prescription.

(g)“Apothecary.” “Apothecary” means a licensed pharmacist as defined by the laws of the District of Columbia and, where the context so requires, the owner of a store or other place of business where narcotic drugs are compounded or dispensed by a licensed pharmacist; but nothing in this Act shall be construed as conferring on a person who is not registered nor licensed as a pharmacist any authority, right, or privilege that is not granted to him by the pharmacy laws of the District of Columbia.

(h)“Hospital.” “Hospital” means an institution or clinic for the care and treatment of the sick and injured, approved by the health officer of the District of Columbia as proper to be entrusted with the custody of narcotic drugs and the professional use of narcotic drugs under the direction of a physician, dentist, or veterinarian.

(i)“Laboratory.” “Laboratory” means a laboratory approved by the health officer of the District of Columbia as proper to be entrusted with the custody of narcotic drugs and the use of narcotic drugs for scientific and medical purposes and for purposes of instruction.

(j)“Sale.” “Sale” includes barter, exchange, or gift, or offer therefor, and each such transaction made by any person, whether as principal, proprietor, agent, servant, or employee.

(k)“Coca leaves.” “Coca leaves” includes cocaine and any compound, manufacture, salt, derivative, mixture, or preparation of coca leaves, except derivatives of coca leaves which do not contain cocaine, ecgonine, or substances from which cocaine or ecgonine may be synthesized or made.

(l)“Opium.” “Opium” includes morphine, codeine, and heroin, and any compound, manufacture, salt, derivative, mixture, or preparation of opium.

(m)“Cannabis.” “Cannabis” includes all parts of the plant Cannabis sativa L., whether growing or not; the seeds thereof; the resin extracted from any part of such plant; and every compound, manufacture, salt, derivative, mixture, or preparation of such plant, its seeds, or resin, including specifically the drugs known as American hemp, marihuana, Indian hemp or hasheesh, as used in cigarettes or in any other articles, compounds, mixtures, preparations, or products whatsoever but shall not include the mature stalks of such plant; fiber produced from such stalks; oil or cake made from the seeds of such plant; any compound, manufacture, salt, derivative, mixture, or preparation of such mature stalks (except the resin extracted therefrom); fiber, oil or cake; or the sterilized seed of such plant which is incapable of germination.

(n)“Narcotic drugs.” “Narcotic drugs” means coca leaves, opium, cannabis, and every substance not chemically distinguishable from them.

(o)“Federal narcotic laws.” “Federal narcotic laws” means the laws of the United States relating to opium, coca leaves, cannabis, and other narcotic drugs.

(p)“Official written order.” “Official written order” means an order written on a form provided for that purpose by the United States Commissioner of Narcotics, under any laws of the United States making provision therefor, if such order forms are authorized and required by Federal law and, if no such order form is provided, then on an official form provided for that purpose by the Board of Pharmacy.

(q)“Dispense.” “Dispense” includes distribute, leave with, give away, dispose of, or deliver. 52 Stat. 787

(r)“Registry number” means the number assigned to each person“Registry number.” registered under the Federal narcotic laws.

(s)“Board of Pharmacy” means the Board of Pharmacy of the“Board of Pharmacy.”[34 Stat. 177, 1005](/us/stat/34/177/1005).[20 D. C. Code § 198](/us/dcc/20/198). District of Columbia as provided by Act of Congress approved May 7, 1906, as amended (D. C. Code of 1929, title 20, part. 3, sec. 198). Acts Prohibited Sec. 2. It shall be unlawful for any person to manufacture, possess,Acts prohibited. have under his control, sell, prescribe, administer, dispense, or compound any narcotic drug, except as authorized in this Act. Manufacturers and Wholesalers Sec. 3. No person shall manufacture, compound, mix, cultivate,Manufacturers and wholesalers. grow, or by any other process produce or prepare narcotic drugs, and no person as a wholesaler shall supply the same, without having first obtained a license so to do from the Board of Pharmacy. LicensesLicenses. shall be issued for a period of one year and may be renewed for a like period. A fee of $10 shall be paid to the Board of Pharmacy forFee. any license so issued or renewed. The said Board of Pharmacy is authorized to have printed such licenses as may be necessary and to be paid for out of the money collected by it for the issuance of licenses. At the close of each fiscal year any funds unexpended inDeposit of unexpended balances. excess of the sum of $100 shall be paid into the, Treasury of the United States to the credit of the District of Columbia. Qualifications for Licenses Sec. 4. No license shall be issued under the foregoing section unlessQualifications for licenses. and until the applicant therefor has furnished proof satisfactory to the Board of Pharmacy of the following:

(a)That the applicant is of good moral character or, if the applicant be an association or corporation, that the managing officers are of good moral character.

(b)That the applicant is equipped as to land, buildings, and paraphernalia properly to carry on the business described in his application. No license shall be granted to any person who has been convicted of a willful violation of any law of the United States, or of any State, relating to opium, coca leaves, cannabis, or other narcotic drugs, or to any person who is a narcotic-drug addict. The Board of Pharmacy may suspend or revoke any license issuedSuspension or revocation of license. by said Board under the provisions of this Act for cause. Use of Official Written OrdersUse of official written orders. Sec. 5. An official written order for any narcotic drug shall beDuplicate order forms. signed in duplicate by the person giving said order or by his duly authorized agent. The original shall be presented to the person who sells or dispenses the narcotic drug or drugs named therein. In eventPreservation of orders. of the acceptance of such order by said person, each party to the transaction shall preserve his copy of such order for a period of two years in such a way as to be readily accessible for inspection by any public officer or employee engaged in the enforcement of this act. ItSale, etc., except on prescribed written order, unlawful. shall be unlawful for a manufacturer or wholesaler to sell, barter, exchange, or give away any preparation or remedy described in section 6 of the Act of Congress approved December 17, 1914, entitled[38 Stat. 789](/us/stat/38/789). “An Act to provide for the registration of, with collectors of internal revenue, and to impose a special tax upon all persons who produce, import, manufacture, compound, deal in, dispense, sell, distribute, or give away opium or coca leaves, their salts, derivatives,52 Stat. 788 or preparations, and for other purposes”, as amended, which contains not more than two grains of opium, or not more than one-fourth of a grain of morphine, or not more than one-eighth of a grain of heroin, or not more than one grain of codeine, or any salt or derivative of any of them in one fluid or avoirdupois ounce, except in pursuance of a written order, on a form to be issued in blank by the District of Preservation of orders.Columbia Board of Pharmacy. Every person who shall accept any such order, and in pursuance thereof shall sell, barter, exchange, or give away any of the aforesaid preparations shall preserve such order for a period of two years in such a way as to be readily accessible to inspection by any officer or agent authorized for that purpose. Order forms, preparation, sale, etc. The Board of Pharmacy shall cause suitable written order forms to be prepared for the purchase of narcotics for which no form is provided by the United States Commissioner of Narcotics, and shall cause the same to be for sale by said Board at a cost not to exceed $1 a hundred, to those persons who shall have registered under the Record to be kept.Federal narcotic laws. The Board of Pharmacy shall keep an account of the number of forms sold and the names and addresses of the purchasers and the serial numbers of such forms sold to each purchaser. Whenever the Board of Pharmacy shall sell any such forms it shall cause the name and address of the purchaser thereof to be plainly Rules and regulations.written or stamped thereon before delivering the same. The said Board is authorized and directed to make such rules and regulations, not inconsistent with law, as it may deem necessary for the administration and enforcement of this Act. Compliance with Federal narcotic laws deemed compliance with section. It shall be deemed a compliance with this section if the parties to the transaction have complied with the Federal narcotic laws respecting official order forms if such order forms are authorized and required by Federal laws, or, if no such order form is provided, then with the rules and regulations of the Board of Pharmacy respecting official order forms. Sale on Written Orders Sec. 6. Sale on written orders by licensed manufacturer or wholesaler.

(a)A duly licensed manufacturer or wholesaler may sell and dispense narcotic drugs to any of the following persons, but only on official written orders:

(1)To a manufacturer, wholesaler, or apothecary;

(2)To a physician, dentist, or veterinarian;

(3)Hospitals, use restricted.*Proviso*.Signature required. To a hospital, but only for use by or in that hospital: *Provided,* That the official written order is signed by a physician, dentist, veterinarian, or pharmacist connected with that hospital; and

(4)Laboratory uses. To a person in charge of a laboratory, but only for use in that laboratory for scientific and medical purposes.

(b)A duly licensed manufacturer or wholesaler may also sell narcotic drugs to any of the following persons:

(1)Federal, State, etc., officers. On a special written order accompanied by a certificate of exemption, as required by the Federal narcotic laws, to a person in the employ of the United States Government or of the District of Columbia, or of any State, Territorial, district, county, municipal, or insular government, purchasing, receiving, possessing, or dispensing narcotic drugs by reason of his official duties.

(2)Master of a ship, etc.Registered physicians from other States, etc. To a master of a ship or a person in charge of any aircraft upon which no physician is regularly employed, or to a physician or surgeon duly licensed in some State, Territory, or the District of Columbia to practice his profession, or to a retired commissioned medical officer of the United States Army, Navy, or Public Health Service employed upon such ship or aircraft, for the actual medical needs of persons on board such ship or air52 Stat. 789 craft, when not in port: *Provided,* That such narcotic drugs shall*Proviso*.Restriction. be sold to the master of such ship or person in charge of such aircraft, or to a physician, surgeon, or retired commissioned medical officer of the United States Army, Navy, or Public Health Service employed upon such ship or aircraft only in pursuance of a special order form approved by a commissioned medical officer or acting assistant surgeon of the United States Public Health Service.

(3)To a person in a foreign country if the provisions of theTo person abroad if Federal laws complied with. Federal narcotic laws are complied with. possession lawfulPossession lawful.

(c)Possession of or control of narcotic drugs obtained as authorizedConditions prescribed. by this section shall be lawful only if obtained and used in the regular course of business, occupation, profession, employment, or duty of the possessor. Sec. 7. A person in charge of a hospital or of a laboratory, or inAuthorized uses. the employ of the District of Columbia or of any State, or of any political subdivision thereof, or a master of a ship or a person in charge of any aircraft upon which no physician is regularly employed, or a physician or surgeon duly licensed in some State, Territory, or the District, of Columbia, to practice his profession, or a retired commissioned medical officer of the United States Army, Navy, or Public Health Service employed upon such ship or aircraft who obtains narcotic drugs under the provisions of section 6 of this Act, or otherwise, shall not administer, nor dispense, nor otherwise use such drugs, within the District of Columbia, except within the scope of his employment or official duty, and then only for scientific or medical purposes and subject to the provisions of this Act. Sales by Apothecaries Sec. 8.

(a)An apothecary, in good faith, may sell and dispenseSales by apothecaries. narcotic drugs to any person upon a written prescription of a physician, dentist, or veterinarian, dated and signed, in ink or indelible pencil, on the day when issued, by the physician, dentist, or veterinarian prescribing said narcotic drugs. The prescription when issued shall also state the full name and address of the patient for whom, or of the owner of the animal for which, the drug is dispensed, and the full name, address, and registry number under the Federal narcotic laws of the person prescribing, if he is required by those laws to be so registered. If the prescription be for an animal, it shall state the species of animal for which the drug is prescribed. The person filling the prescription shall write the date of filling and his own signature on the face of the prescription. The prescription shall be retained on file by the proprietor of the pharmacy in which it is filled for a period of two years, so as to be readily accessible for inspection by any public officer or employee engaged in the enforcement of this Act. The prescription shall not be refilled.

(b)The legal owner of any stock of narcotic drugs in a pharmacy,Disposition of stock upon discontinuance of dealing in drugs. upon discontinuance of dealing in said drugs, may sell said stock to a manufacturer, wholesaler, or apothecary, but only on an official written order.

(c)An apothecary, only upon an official written order, may sell toAqueous, etc., solutions. a physician, dentist, or veterinarian, in quantities not exceeding one ounce at any one time, aqueous or oleaginous solutions of which the content of narcotic drugs does not exceed a proportion greater than 20 per centum of the complete solution, to be used for medical purposes. 52 Stat. 790 Professional use of narcotic drugs.Professional Use of Narcotic Drugs physicians and dentists Sec. 9. Physicians and dentists.

(a)A physician or a dentist, in good faith and in the course of his professional practice only, may prescribe in writing, administer, and dispense narcotic drugs, or he may cause the same to be administered by a nurse or interne under his direction and supervision. Such a prescription shall be dated and signed by the person prescribing on the day when issued and shall bear the full name and address of the patient for whom the narcotic drug is prescribed and the full name, address, and registry number under the Federal narcotic laws of the person prescribing, provided he is required by those laws to be so registered. veterinarians

(b)Veterinarians. A veterinarian, in good faith and in the course of his professional practice only and not for use by a human being, may prescribe in writing, administer, and dispense narcotic drugs, and he may cause them to be administered by an assistant or orderly under his direction and supervision. Such a prescription shall be dated and signed by the person prescribing on the day when issued and shall bear the full name and address of the owner of the animal; the species of the animal for which the narcotic is prescribed; and the full name, address, and registry number under the Federal narcotic laws of the person prescribing, provided he is required by those laws to be so registered. return of unused drugs

(c)Return of unused drugs. Any person who has obtained from a physician, dentist, or veterinarian any narcotic drug for administration to a patient during the absence of such physician, dentist, or veterinarian shall return to such physician, dentist, or veterinarian any unused portion of such drug, when it is no longer required by the patient. Preparations Exempted Sec. 10. Preparations exempted. Except as otherwise in this Act specifically provided, this Act shall not apply to the following cases:

(a)Medical preparations containing small quantities of opium, etc. Prescribing, administering, dispensing, or selling at retail of any medicinal preparation that contains in one fluid ounce or, if a solid or semisolid preparation, in one avoirdupois ounce

(1)not more than two grains of opium,

(2)not more than one-quarter of a grain of morphine or of any of its salts,

(3)not more than one grain of codeine or of any of its salts,

(4)not more than one-eighth of a grain of heroin or of any of its salts.

(b)Preparations susceptible of external use only. Prescribing, administering, dispensing, or selling at retail of liniments, ointments, and other preparations that are susceptible of external use only and that contain narcotic drugs in such combinations as prevent their being readily extracted from such liniments, ointments, or preparations, except that this Act shall apply to all liniments, ointments, and other preparations that contain coca leaves in any quantity or combination. Exemptions subject to conditions prescribed.Contents other than narcotic drug. The exemptions authorized by this section shall be subject to the following conditions:

(1)The medicinal preparation, or the liniment, ointment, or other preparation susceptible of external use only, prescribed, administered, dispensed, or sold, shall contain in addition to the narcotic drug in it, some drug or drugs conferring upon it medicinal qualities other than those possessed by the narcotic drug alone. 52 Stat. 791 Such preparation shall be prescribed, administered, dispensed, andPrescription, etc., in good faith as a medicine. sold in good faith as a medicine, and not for the purpose of evading the provisions of this Act. Nothing in this section shall be construed to limit the kind andDrugs prescribed, etc., in compliance with general provisions of Act. quantity of any narcotic drug that may be prescribed, administered, dispensed, or sold to any person, or for the use of any person or animal, when it is prescribed, administered, dispensed, or sold in compliance with the general provisions of this Act. Manufacturers or wholesalers shall sell tincture opii camphorata,Paregoric, restriction on sale. commonly known as paregoric, only in accordance with the provisions of sections 5 and 6 of this Act on official written order forms provided for that purpose by the Board of Pharmacy. It shall be unlawful for any person to bring into or have in his possession for sale in the District of Columbia any paregoric unless an official written order form has been issued therefor. No person shall dispensePrescriptions. or sell any paregoric at retail to any person without a prescription from a duly licensed physician, dentist, veterinarian, or other duly authorized person. Prescriptions shall be retained and filed as provided in section 8. Record To Be KeptRecord to be kept. physicians, dentists, veterinarians, and other authorized persons Sec. 11.

(a)Every physician, dentist, veterinarian, or other personPhysicians, etc. who is authorized to administer or professionally use narcotic drugs shall keep a record of such drugs received by him, and a record of all such drugs administered, dispensed, or professionally used by him otherwise than by prescription in accordance with the provisions of subsection

(e)of this section. It shall, however, be deemed a sufficient compliance with this subsection if any such person using small quantities of solutions or other preparations of such drugs for local application shall keep a record of the quantity, character, and potency of such solutions or other preparations purchased or made up by him, and of the dates when purchased or made up, without keeping a record of the amount of such solution or other preparation applied by him to individual patients. manufacturers and wholesalers

(b)Manufacturers and wholesalers shall keep records of all narcoticManufacturers and wholesalers. drugs compounded, mixed, cultivated, grown, or by any other process produced or prepared, and of all narcotic drugs received and disposed of by them, in accordance with the provisions of subsection

(e)of this section. apothecaries

(c)Apothecaries shall keep records of all narcotic drugs receivedApothecaries. and disposed of by them, in accordance with the provisions of subsection

(e)of this section. vendors of exempted preparations

(d)Every person who purchases for resale, or who sells narcoticVendors of exempted preparations. drug preparations exempted by section 10 of this Act, shall keep a record showing the quantities and kinds thereof received and sold, or disposed of otherwise, in accordance with the provisions of subsection

(e)of this section. form and preservation of records

(e)The form of records shall be prescribed by the Board of Pharmacy.Form and preservation of records. The record of narcotic drugs received shall in every case show the date of receipt, the name and address of the person from whom52 Stat. 792 received, and the kind and quantity of drugs received; the kind and quantity of narcotic drugs produced or removed from process of manufacture, and the date of such production or removal from process of manufacture; and the record shall in every case show the proportion of morphine, cocaine, or ecgonine contained in or producible from crude opium or coca leaves received or produced, and the proportion of resin contained in or producible from the plant Cannabis sativa L., received, or produced. The record of all narcotic drugs sold, administered, dispensed, or otherwise disposed of, shall show the date of selling, administering, or dispensing, the name and address of the person to whom, or for whose use, or the owner and species of animal for which the drugs were sold, administered, or dispensed, and the kind and quantity of drugs. Every such record shall be kept for a period of two years from the date of the transaction recorded. The keeping of a record required by or under the Federal narcotic laws, containing substantially the same information as is specified above, shall constitute compliance with this section, except that every such record shall contain a detailed list of narcotic drugs lost, destroyed, or stolen, if any, the kind and quantity of such drugs, and the date of the discovery of such loss, destruction, or theft. Labels.Labels Sec. 12.

(a)Manufacturers and wholesalers. Whenever a manufacturer sells or dispenses a narcotic drug, and whenever a wholesaler sells or dispenses a narcotic drug in a package prepared by him, he shall securely affix to each package in which that drug is contained a label showing in legible English the name and address of the vendor and the quantity, kind, and form of narcotic drug contained therein. No person, except an apothecary for the purpose of filling a prescription under this Act, shall alter, deface, or remove any label so affixed.

(b)Apothecaries. Whenever an apothecary sells or dispenses any narcotic drug on a prescription issued by a physician, dentist, or veterinarian he shall affix to the container in which such drug is sold or dispensed a label showing his own name, address, and registry number, or the name, address, and registry number of the apothecary for whom he is lawfully acting; the name and address of the patient, or, if the patient is an animal, the name and address of the owner of the animal, and the species of the animal: the name, address, and registry number of the physician, dentist, or veterinarian, by whom the prescription was written; and such directions as may be stated on the prescription. No person shall alter, deface, or remove any label so affixed as long as any of the original contents remain. Narcotic drugs.Authorized Possession of Narcotic Drugs By Individuals Sec. 13. Authorized possession by individuals. A person to whom or for whose use any narcotic drug has been prescribed, sold, or dispensed, by a physician, dentist, apothecary, or other person authorized under the provisions of section 6 of this Act, and the owner of any animal for which any such drug has been prescribed, sold, or dispensed, by a veterinarian, may lawfully possess it only in the container in which it was delivered to him by the person selling or dispensing the same. Search warrants.Search Warrants Sec. 14. By whom issued.

(a)A search warrant may be issued by any judge, of the police court of the District of Columbia or by a United States commissioner for the District of Columbia when any narcotic drugs are manufactured, possessed, controlled, sold, prescribed, administered, dispensed, or compounded, in violation of the provisions of this Act,52 Stat. 793 and any such narcotic drugs and any other property designed for use in connection with such unlawful manufacturing, possession, controlling, selling, prescribing, administering, dispensing, or compounding, may be seized thereunder, and shall be subject to such disposition as the court may make thereof and such narcotic drugs may be taken on the warrant from any house or other place in which they are concealed.

(b)A search warrant cannot be issued but upon probable causeIssuance only upon probable cause; affidavit. supported by affidavit particularly describing the property and the place to be searched.

(c)The judge or commissioner must, before issuing the warrant,Examination before issuance of warrant. examine on oath the complainant and any witnesses he may produce, and require their affidavits or take their depositions in writing and cause them to be subscribed by the parties making them.

(d)The affidavits or depositions must set forth the facts tendingFacts to be established, etc. to establish the grounds of the application or probable cause for believing that they exist.

(e)If the judge or commissioner is thereupon satisfied of theIssuance of warrant. existence of the grounds of the application or that there is probable cause to believe their existence, he must issue a search warrant, signed by him, to the major and superintendent of police of the District of Columbia or any member of the Metropolitan Police department, stating the particular grounds or probable cause for its issue and the names of the persons whose affidavits have been taken in support thereof, and commanding him forthwith to search the place named for the property specified and to bring it before the judge or commissioner.

(f)A search warrant may in all cases be served by any of theService. officers mentioned in its direction, but by no other person, except in aid of the officer on his requiring it, he being present and acting in its execution.

(g)The officer may break open any outer or inner door or window of a house, or any part of a house, or anything therein, to execute the warrant, if, after notice of his authority and purpose, he is refused admittance.

(h)The judge or commissioner must insert a direction in the warrant that it be served in the daytime unless the affidavit is positive that the property is in the place to be searched in which case he must insert a direction that it be served at any time in the day or night.

(i)A search warrant must be executed and returned to the judge or commissioner who issued it within ten days after its date; after the expiration of this time the warrant, unless executed, is void.

(j)When the officer takes property under the warrant, he mustTaking of property under warrant. give a copy of the warrant together with a receipt for the property taken (specifying it in detail) to the person from whom it was taken by him, or in whose possession it was found; or in the absence of any person, he must leave it in the place where lie found the property.

(k)The officer must forthwith return the warrant to the judgeReturn and inventory of property taken. or commissioner and deliver to him a written inventory of the property taken, made publicly or in the presence of the person from whose possession it was taken, and of the applicant for the warrant, if they are present, verified by the affidavit of the officer at the foot of the inventory and taken before the judge or commissioner at the time, to the following in effect: “I , the officer by whom this warrant was executed, do swear that the above inventory contains a true and detailed account of all the property taken by me on the warrant.”

(l)The judge or commissioner must thereupon, if required, deliverCopy of inventory to each party. a copy of the inventory to the person from whose possession the property was taken and to the applicant for the warrant. 52 Stat. 794

(m)Filing provisions. The judge or commissioner must annex the affidavits, search warrant, return, inventory, and evidence, and at once file the same, together with a copy of the record of his proceedings, with the clerk of the police court.

(n)Resisting, etc., service; assault on warrant server. Whoever shall knowingly and willfully obstruct, resist, or oppose any such officer or person in serving or attempting to serve or execute any such search warrant, or shall assault, beat, or wound any such officer or person, knowing him to be an officer or person so Penalty.authorized, shall be fined not more than $1,000 or imprisoned not more than two years. Persons and Corporations Exempted Sec. 15. Persons and corporations exempted. The provisions of this Act restricting the possession and having control of narcotic drugs shall not apply to common carriers or to warehousemen, while engaged in lawfully transporting or storing such drugs, or to any employee of the same acting within the scope of his employment; or to public officers or their employees in the performance of their official duties requiring possession or control of narcotic drugs; or to temporary incidental possession by employees or agents of persons lawfully entitled to possession, or by persons whose possession is for the purpose of aiding public officers in performing their official duties. Common Nuisances Sec. 16. Common nuisances. Any store, shop, warehouse, dwelling house, building, vehicle, boat, aircraft, or any place whatever, which is resorted to by narcotic drug addicts for the purpose of using narcotic drugs or which is used for the illegal keeping or selling of the same, shall be deemed a common nuisance. No person shall keep or maintain such a common nuisance. Narcotic Drugs To Be Delivered to State Official, and So Forth Sec. 17. Narcotic drugs, possession, etc., not established; disposition. All narcotic drugs, the lawful possession of which is not established or the title to which cannot be ascertained, which have come into the custody of a peace officer, shall be forfeited, and disposed of as follows:

(a)Forfeiture, etc. Except as in this section otherwise provided, the court or magistrate having jurisdiction shall order such narcotic drugs forfeitedRecord, etc., to be kept. and destroyed. A record of the place where said drugs were seized, of the kinds and quantities of drugs so destroyed, and of the time, place, and manner of destruction shall be kept, and a return under oath, reporting said destruction, shall be made to the court or magistrate and to the United States Commissioner of Narcotics, by the officer who destroys them.

(b)Delivery to Board of Pharmacy permitted. Upon written application by the Board of Pharmacy, the court or magistrate by whom the forfeiture of narcotic drugs has been decreed may order the delivery of any of them, except heroin and its salts and derivatives, to said Board of Pharmacy for distribution or destruction, as hereinafter provided.

(c)Hospitals. Upon application by any hospital within the District of Columbia not operated for private gain, the Board of Pharmacy may, in its discretion, deliver any narcotic drugs that have come into its custody by authority of this section to the applicant for medicinal Excess stocks.use. The Board of Pharmacy may from time to time deliver excess stocks of such narcotic drugs to the United States Commissioner of Narcotics, or may destroy the same.

(d)Record of receipt, etc., by Board of Pharmacy. The Board of Pharmacy of the District of Columbia shall keep a full and complete record of all drugs received and of all drugs52 Stat. 795 disposed of, showing the exact kinds, quantities, and forms of such drugs; the persons from whom received and to whom delivered; by whose authority received, delivered, and destroyed; and the dates of the receipt, disposal, or destruction, which record shall be open to inspection by all Federal or District of Columbia officers charged with the enforcement of Federal and District narcotic laws. Notice of Conviction To Be Sent to Licensing Board Sec. 18. On the conviction of any person of the violation of anyNotice of conviction to be sent to licensing board, etc. provision of this Act, a copy of the judgment and sentence, and of the opinion of the court or magistrate, if any opinion be filed, shall be sent by the clerk of the court, or by the magistrate, to the board or officer, if any, by whom the convicted defendant has been licensed or registered to practice his profession or to carry on his business, and the said board or officer may in its or his discretion suspend or revoke the license of the convicted defendant to practice his profession or to carry on his business. On the application of any personReinstatement. whose license or registration has been suspended or revoked, and upon proper showing for good cause, said board or officer may reinstate such license or registration. Records, ConfidentialRecords to be kept confidential. Sec. 19. Prescriptions, orders, and records, required by this Act,Restriction on inspection. and stocks of narcotic drugs, shall be open for inspection only to Federal and District of Columbia officers whose duty it is to enforce the laws of the District of Columbia, or of the United States relating to narcotic drugs. No officer having knowledge by virtue of hisDivulging of information prohibited. office of any such prescription, order, or record shall divulge such knowledge, except in connection with a prosecution or proceeding in court or before a licensing or registration board or officer, to which prosecution or proceeding the person to whom such prescriptions, orders, or records relate is a party. Fraud or Deceit Sec. 20.

(a)No person shall obtain or attempt to obtain a narcoticFraud or deceit. drug, or procure or attempt to procure the administration of a narcotic drug,

(1)by fraud, deceit, misrepresentation, or subterfuge; or

(2)by the forgery or alteration of a prescription or of any written order; or

(3)by the concealment of a material fact; or

(4)by the use of a false name or the giving of a false address.

(b)Information communicated to a physician in an effort unlawfully to procure a narcotic drug, or unlawfully to procure the administration of any such drug, shall not be deemed a privileged communication.

(c)No person shall willfully make a false statement in any prescription, order, report, or record, required by this Act.

(d)No person shall, for the purpose of obtaining a narcotic drug, falsely assume the title of, or represent himself to be, a manufacturer, wholesaler, apothecary, physician, dentist, veterinarian, or other authorized person.

(e)No person shall make or utter any false or forged prescription or false or forged written order.

(f)No person shall affix any false or forged label to a package or receptacle containing narcotic drugs.

(g)The provisions of this section shall apply to all transactions relating to narcotic drugs under the provisions of section 10 of this Act, in the same way as they apply to transactions under all other sections. 52 Stat. 796 Exceptions and Exemptions Not Required To Be Negatived Sec. 21. Exceptions and exemptions not required to be negatived. In any complaint, information, or indictment, and in any action or proceeding brought for the enforcement of any provision of this Act, it shall not be necessary to negative any exception, excuse, proviso, or exemption, contained in this Act, and the burden of proof of any such exception, excuse, proviso, or exemption, shall be upon the defendant. Enforcement and Cooperation Sec. 22. Enforcement and cooperation. It is hereby made the duty of the major and superintendent of police of the District of Columbia to enforce all provisions of this Act, except those specifically delegated, and to cooperate with all agencies charged with the enforcement of the laws of the United States relating to narcotic drugs. Personal services. The Commissioners of the District of Columbia are authorized to employ such personal services for the clerical work of the Board of Pharmacy as may be necessary to carry out the provisions of this Act and to provide for the expenses of said Board, including the cost of preparation and distribution of such official order forms as may be provided by the regulations of the Board of Pharmacy. [5 U. S. C. §§ 671–674; Supp. III, §§ 673, 673c](/us/usc/t5/s671–674/673/673c).Salaries of employees shall be fixed in accordance with the Classification Act of 1923, as amended. The Commissioners of the District of Columbia shall include in their annual estimates such amounts as may be required for the salaries and expenses herein authorized. Penalties Sec. 23. Penalties. Any person violating any provision of this Act, or of any regulation made by the Board of Pharmacy under authority of this Act, shall upon conviction be punished, for the first offense, by a fine of not less than $100 nor more than $1,000, or by imprisonment for not exceeding one year, or by both such fine and imprisonment, and for any subsequent offense by a fine of not less than $500 nor more than $5,000, or by imprisonment for not exceeding ten years, or by both such fine and imprisonment. Federal narcotic laws.Effect of Acquittal or Conviction Under Federal Narcotic Laws Sec. 24. Effect of acquittal or conviction under. No person shall be prosecuted for a violation of any provision of this Act if such person has been acquitted or convicted under any United States statute governing the sale or distribution of narcotic drugs, of the same act or omission which, it is alleged, constitutes a violation of this Act. Constitutionality Sec. 25. Constitutionality. If any provision of this Act or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the Act which can be given effect without the invalid provision or application, and to this end the provisions of this Act are declared to be severable. Inconsistent Laws Repealed Sec. 26. Inconsistent laws repealed. All Acts or parts of Acts which are inconsistent with the provisions of this Act are hereby repealed. Name of Act Sec. 27. Name of Act. This Act may be cited as the “Uniform Narcotic Drug Act”. Approved, June 20, 1938. To add certain lands to the Trinity National Forest, California. 1938-06-20 533 Chapter 52 Stat. 797 75 3 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-11-15 public 52 Stat. 797 [CHAPTER 533] AN ACT To add certain lands to the Trinity National Forest, California. June 20, 1938[[H. R. 8165](/us/bill/75/hr/8165)][

Connectionstraces to 4

Traces to 4 documents

statutes-at-large

U.S. Code