amendments to uniform narcotic drug act

amendments to uniform narcotic drug act Sec. 301. (a) (1) The first section of the Uniform Narcotic Drug Act approved June 20, 1938 (52 Stat. 785; D. C. Code, sec. 33–401), is amended by amending subsections (n) and (o) to read as follows: “(n) ‘Narcotic drugs’ means coca leaves, opium, cannabis, isonipecaine, and opiate, and every substance not chemically distinguishable from them, and any compound, manufacture, salt, derivative, or preparation of coca leaves, opium, cannabis, isonipecaine, or opiate, whether produced directly or indirectly by extraction from substances of vegetable origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis. “(o) ‘Federal narcotic laws’ means the laws of the United States and the regulations promulgated thereunder relating to opium, coca leaves, cannabis, and other narcotic drugs.” (2) Such section is further amended by adding at the end thereof the following new subsection: “(t) ‘Isonipecaine’ and ‘opiate’ shall have the same meaning as that given to such terms by section 4731 of the Internal Revenue Code of 1954.” (b) Section 2 of such Act is amended (1) by inserting “(a)” immediately after “ Sec. 2.”, and (2) by adding at the end of such section the following new subsections: “(b) Arrests without a warrant, and searches of the person and seizures pursuant thereto, may be made for a violation of subsection (a) hereof by police officers, as in the case of a felony, upon probable cause that the person arrested is violating such subsection at the time of his arrest. “(c) No evidence discovered in the course of any such arrest, search, or seizure authorized by subsection (b) hereof, shall be admissible in any criminal proceeding against the person arrested unless at the time of such arrest he was violating the provisions of this section.” (c) Section 5 of such Act is amended (1) by striking out in the fourth sentence of the first paragraph thereof “in section 6 of the Act of Congress approved December 17, 1914, entitled ‘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, or preparations, and for other purposes’, as amended,” and inserting in lieu thereof “in section 4702 of the Internal Revenue Code of 1954” and (2) by striking out in the first sentence of the second paragraph thereof “at a cost not to exceed $1 a hundred”, and inserting in lieu thereof “at cost”, and (3) by amending the last paragraph thereof to read as follows:“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 required by Fed-70 Stat. 619eral law and if no such order form is available for purchase as provided in the preceding paragraph of this section, then the parties to the transaction shall comply with the rules and regulations made pursuant to this Act respecting official order forms and such other records as may be required.” (d) Section 8 of such Act is amended (1) by redesignating subsections (b) and (c) as (d) and (e), respectively, and (2) by striking out in subsection (a) thereof the last two sentences and inserting in lieu thereof the following new subsections: “(b) An apothecary, in good faith, may sell and dispense on oral prescription of a physician, dentist, or veterinarian such narcotic drugs or compounds thereof as are found by the Secretary of the Treasury or his delegate, pursuant to section 4705 (c) (2) of the Internal Revenue Code of 1954, to possess relatively little or no addiction liability. The oral prescription shall be reduced to a written record by the apothecary before filling, with said written record containing the same information as is required by law or regulation in the case of a written prescription except for the requirement of the written signature of the prescriber. “(c) A written prescription or a written record of an oral 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.” (e) Section 9 (a) of such Act is amended (1) by striking out in the first sentence thereof “may prescribe in writing” and inserting in lieu thereof “may prescribe by a written or oral prescription”, (2) by striking out in the second sentence thereof “Such a prescription” and inserting in lieu thereof “Each written prescription:”, and (3) by adding at the end thereof the following new sentence: “In issuing an oral prescription, the physician or dentist shall furnish the apothecary with the same information as is required by law or regulation in the case of a written prescription for narcotic drugs and compounds, except for the requirement of the written signature of the prescriber.” (f) Section 9 (b) of such Act is amended (1) by striking out in the first sentence thereof “may prescribe in writing” and inserting in lieu thereof “may prescribe by a written or oral prescription”, (2) by striking out in the second sentence thereof “Such a prescription” and inserting in lieu thereof “Each written prescription”, and (3) by adding at the end thereof the following new sentence: “In issuing an oral prescription, the veterinarian shall furnish the apothecary with the same information as is required by law in the case of a written prescription for narcotic drugs and compounds, except for the written signature of the prescriber.” (g) Section 9 of such Act is further amended by redesignating subsection (c) as subsection (d) and inserting immediately after subsection (b) the following new subsection: “(c) Nothing contained in subsections (a) and (b) of this section shall be construed as authorizing an oral prescription to be furnished by the physician, dentist, or veterinarian to the apothecary, for a narcotic drug or compound other than those narcotic drugs or compounds determined by the Secretary of the Treasury, or his delegate, pursuant to the provisions of section 4705 (c) (2) of the Internal Revenue Code of 1954, to possess little or no addiction liability.” (h) Section 10 of such Act is amended— (1) by inserting immediately before the period at the end of subsection (a) thereof, a comma and the following: “(5) not more than one-sixth of a grain of dihydrocodeinone or any of its salts”; 70 Stat. 620 (2) by inserting immediately after subsection (b) thereof, the following new subsection: “(c) Prescribing, administering, dispensing, or selling at retail of any medicinal preparation containing not in excess of 25 per centum of paregoric, in combination with some drug or drugs which confer upon it medicinal properties other than those possessed by paregoric.”; and (3) by striking out in the third sentence of the last paragraph thereof “without a prescription” and inserting in lieu thereof “without a written prescription”. (i) Subsection (e) of section 11 of such Act is amended by striking out the last sentence thereof. (j) (1) The second sentence of subsection (a) of section 12 of such Act is amended by striking out “a prescription” and inserting in lieu thereof “a written or oral prescription”. (2) The first sentence of subsection (b) of section 12 of such Act is amended (A) by striking out “a prescription” and inserting in lieu thereof “a written or oral prescription”, and (B) by striking out “affix to” and inserting in lieu thereof “affix to or place in”. (k) Section 14 (h) of such Act is amended to read as follows: “(h) The judge or commissioner shall insert a direction in the warrant that it may be served at any time in the day or night.” (l) Such Act is further amended by inserting after section 16 the following new section: “Sec. 16A. Vagrancy—Narcotic Drug User—Penalties—Conditions Imposed. “(a) The purpose of this section is to protect the public health, welfare, and safety of the people of the District of Columbia by providing safeguards for the people against harmful contact with narcotic drug users who are vagrants within the meaning of this section and to establish, in addition to the Hospital Treatment for Drug Addicts Act for the District of Columbia, further procedures and means for the care and rehabilitation of such narcotic drug users. “(b) For the purpose of this section— “(1) the term ‘vagrant’ shall mean any person who is a narcotic drug user or who has been convicted of a narcotic offense in the District of Columbia or elsewhere and who— “(A) having no lawful employment or visible means of support realized from a lawful occupation or source, is found mingling with others in public or loitering in any park or other public place and fails to give a good account of himself; or “(B) is found in any place, abode, house, shed, dwelling, building, structure, vehicle, conveyance, or boat, in which any illicit narcotic drugs are kept, found, used, or dispensed; or “(C) wanders about in public places at late or unusual hours of the night, either alone or in the company of or association with a narcotic drug user or convicted narcotic law violator, and fails to give a good account of himself; or “(D) is included within one of the classes of persons defined in paragraphs (1) through (9), inclusive, of section 5 of the Act of December 17, 1941 (55 Stat. 808; D. C. Code, sec. 22–3302), as amended ; “(2) the term ‘narcotic drug user’ shall mean any person who takes or otherwise uses narcotic drugs, except a person using such narcotic drug as a result of sickness or accident or injury, 70 Stat. 621and to whom such narcotic drugs are being furnished, prescribed, or administered in good faith by a duly licensed physician in the course of his professional practice. “(c) Whenever any law-enforcement officer has probable cause to believe that any person is a vagrant within the meaning of this section, he is authorized to place that person under arrest and to confine him in any place in the District of Columbia designated by the Commissioners thereof. “(d) Pending arraignment and without unnecessary delay the person arrested as a vagrant within the meaning of this section shall nave the opportunity to be examined by a physician designated by the Commissioners of the District of Columbia, who shall determine whether there is evidence of narcotic drug usage. “(e) If the physician designated by the Commissioners of the District of Columbia is satisfied that the person examined is not a narcotic drug user, or if there is insufficient evidence of narcotic drug usage, the United States Attorney shall, if the said person is not otherwise chargeable as a vagrant within the meaning of this section, bring such matter to the attention of the Corporation Counsel for the District of Columbia for determination as to whether there shall be a prosecution under the provisions of the Act of December 17, 1941 (55 Stat. 808; D. C. Code, sec. 23–3302), as amended. “(f) Upon affirmative determination that the person arrested is a narcotic drug user, or if the person has been convicted of a narcotic offense in the District of Columbia or elsewhere, and if such person is also a vagrant as hereinbefore defined, he shall be charged with the offense of vagrancy within the meaning of this section and arraigned in the United States branch of the municipal court, where the prosecution shall be conducted in the name of the United States by the United States attorney. “(g) Any person convicted of being a vagrant under the provisions of this section shall be punished by fine of not more than $500 or imprisonment for not more than one year, or by both such fine and imprisonment. “(h) The court, in sentencing any person found guilty under the provisions of this section, may in its own discretion or upon the recommendation of the probation officer, impose conditions upon the service of any such sentence. Conditions thus imposed by the court may include submission to medical and mental examination, and treatment by proper public health and welfare authorities; confinement at such place as may be designated by the Commissioners of the District of Columbia, and such other terms and conditions as the court may deem best for the protection of the community and the punishment, control, and rehabilitation of the defendant. “(i) In all prosecutions under the provisions of this section, the burden of proof shall be upon the defendant to show that he has lawful employment or has lawful means of support realized from a lawful occupation or source.” (m) Section 17 of such Act is amended to read as follows: “Sec. 17. All narcotic drugs, the lawful possession of which is not established or the title to which cannot be ascertained, which come into the custody of a peace officer shall be delivered promptly to the Secretary of the Treasury or his delegate for disposal in accordance with the provisions of section 4733 of the Internal Revenue Code of 70 Stat. 622 1954, except that narcotic drugs which may be needed as evidence in any criminal or administrative proceeding pursuant to the provisions of this Act or the provisions of any Federal narcotic law shall, upon delivery to the Secretary of the Treasury, not be so disposed of until the United States attorney for the District of Columbia or any assistant United States attorney shall certify that such narcotic drugs are no longer needed as evidence.” (n) Section 23 of such Act is amended to read as follows: “Sec. 23. Any person violating any provision of this Act, or any regulation made by the Commissioners of the District of Columbia, under authority of its sections, for which no specific penalty is otherwise provided, 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.”