SMUGGLING OF MARIHUANA.

SEC. 106. SMUGGLING OF MARIHUANA. Section 2 of the Narcotic Drugs Import and Export Act, as amended, is amended by adding at the end thereof the following: “(h) Notwithstanding any other provision of law, whoever, knowingly, with intent to defraud the United States, imports or brings into 70 Stat. 571the United States marihuana contrary to law, or smuggles or clandestinely introduces into the United States marihuana which should have been invoiced, or receives, conceals, buys, sells, or in any manner facilitates the transportation, concealment, or sale of such marihuana after being imported or brought in, knowing the same to have been imported or brought into the United States contrary to law, or whoever conspires to do any of the foregoing acts, shall be imprisoned not less than five or more than twenty years and, in addition, may be fined not more than $20,000. For a second or subsequent offense (as determined under section 7237 (c) of the Internal Revenue Code of 1954), the offender shall be imprisoned for not less than ten or more than forty years and, in addition, may be fined not more than $20,000. “Whenever on trial for a violation of this subsection, the defendant is shown to have or to have had the marihuana in his possession, such possession shall be deemed sufficient evidence to authorize conviction unless the defendant explains his possession to the satisfaction of the jury. “As used in this subsection, the term ‘marihuana’ has the meaning given to such term by section 4761 of the Internal Revenue Code of 1954. “For provision relating to sentencing, probation, etc., see section 7237 (d) of the Internal Revenue Code of 1954.”