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‘The NEWS is. Niue
this page to the laws,
federal and state, against :
the use of narcotic drugs.
These laws are being mimeo- ~
| graphed by Self-Gov and will
be distributed later.

SUMMARY OF DRUG LAWS

4

Because of the widespread interest in the legal
ramifications of involvement with narcotics and dan-
gerous drugs, the following summary of Pennsylvania

_ and Federal law has been prepared to advise students

of prohibited acts and the potential criminal penalties.

Both State and Federal laws divide drugs into two
categories and distinguish between narcotic drugs, such
as marijuana or heroin, and dangerous drugs, such

as LSD and barbiturates or amphetamines. Ordinarily, .

prosecution could be expected through arrests by local

~ or state police and enforcement. of state laws in the
state courts. However, federal prosecution is also
possible and would be more likely in cases involving

interstate transactions.
PENNSYLVANIA LAW

The Drug Device and Cosmetic Act of 1961, 35 P.S.
780, et seq.

NARCOTICS:

. Definition. The term ‘‘narcotic drugs” means:

ar opium

(2) cocoa leaves (except decocainized leaves or
extracts)

(3) marijuana

(4) tsonipecaine (any substances identified chemi-
cally as 1-methyl-4-phenyl-piperidine-4-car-
boxylic acid ethyl, ester or any salt thereof)

(5) any drug or other substance designated by the
United States of the Treasury as

having an addiction-forming or addiction-sus-

taining liability similar to morphine or

cocaine.

B. Prohibited Acts.

(1) The possession, control, dealing in, dispens-
ing, selling, delivery, distribution, prescrip-
tion, trafficking in, or giving of any narcotic
drug.

This provision does not apply in the regular
course of their business, profession or em-
ployment to druggists, physicians, nurses,
warehousemen and other pergons who normally
deal in such drugs, including persons in charge
of a laboratory where such are used for

. the purpose of medical or scientific investi-
gation, teaching or analysis and not for further
distribution.
having the drugs in their possession for their
personal use only, provided that they obtained
them’ in good faith and for their own use from
a practitioner licensed to dispense such drugs
or in pursuance of a valid prescription.

(2) Using, taking, administering to oneself or
to another any narcotic except under the
advice and direction ofa licensed practitioner.

~

C. Penalties.
Use - Misdemeanor:
First offense -‘ one year imprisonment and/
or $5,000 fine
Second offense - three years imprisonment
and/or $25,000 fine
Possession - Felony:
First offense - two-five years imprisonment
and $2,000 fine -
Second offense - five-ten years imprisonment
and $5,000 fine
Third offense - ~ ten-thirty years imprisonment
and $7,500 fine
Selling or Giving Away - Felony:
First offense - five-twenty years imprison-



‘Nor does it apply to persons -



Second offense - ten-thirty years imprison-

DANGEROUS DRUGS:

A. Definition. The term ‘‘dangerous drug” means

any drug other than a narcotic drug which:

(1) contains any. quantity of barbituric acid,
bromal, carbromal, chloral, ‘alphaeucaine,
beta-eucaine, paraldehyde, peyote, sulfonme-
thane, or any chemical derivative thereof
which derivative has been found to be habit-
forming and by regulation designated as a
dangerous drug.

(2) contains any quantity of amphetamine or any
isomer thereof.

‘(3) because of its toxicity or other potentiality
for harmful effect or the method of its use
or the collateral measures necessary to its
use. has been found not safe for use except
under the supervision ofa practitioner licensed
by law to administer such drug and has been
designated a dangerous drug by regulation
promulgated by the Secretary of Health.

@ is limited under the Federal Food, Drug ahd

Cosmetic Act to use under the professional -

supervision of a practitioner licensed by law

. to administer such drug. —
The Secretary has issued no independent regulations under
the powers given him under this statute but has declared
to be dangerous those drugs which are regulated under

‘the Federal Food and Drug Act, including those which

require special labels such as: ‘‘Caution -- May be
Habit Forming’? or ‘‘New Drug -- Investigational Use
Only.”? LSD is among those drugs requiring special
labeling and is also regulated as a ‘‘depressant or
stimulant drug.’’

B. Prohibited Acts.

(1) The possession, control, dealing in, dis-
pensing, selling, delivery, distribution, pre-
scription, trafficking in, or giving of any
dangerous drug.

This provision does not apply in the regular
course of their business, profession or em-
ployment to druggists, physicians, nurses,
warehousemen and other persons who normally
deal in such drugs, including persons in charge
rm a laboratory where such drugs are used for

the purposes of medical or scientific investi-
gation, teaching or analysis and not forfirther
distribution, Nor does it apply to persons
having the drugs in their possession for their
personal use only, provided that they obtained
them in good faith and for their own use from
a practitioner licensed to dispense such drugs

or in pursuance of a valid prescription.

C. Penalties.
Possession or Sale - Misdemeanor:
First offense - one year imprisonment and/or
‘$5,000 fine
Second offense - three years imprisonment and/
or $25,000 fine

FEDERAL LAW.
NARCOTICS:

A. Definition. ‘The term ‘‘narcotic drugs’? means
any of the following:

(1) opium

(2) isonipecaine

(3). coca leaves

(4). opiate

(5) any compound, manufacture, salt, derivative,
or preparation thereof or any substance
chemically identical thereto. (&4731)

The term ‘‘marijuana’’ means:

(1) all parts of the plant cannabis sativa L.,
whether growing or not, the seeds thereof,
the resin extracted therefrom and every
compound, manufacture, sale, derivative,
mixture or preparation of such plant. (&4761)

B. Prohibited Acts.

(1) Narcotics. The Internal Revenue Code
establishes an elaborate mechanism for
taxing all narcotics produced in or imported
into the country and for requiring registra-
tion of all persons, including those engaged
in research, study or analysis, who deal
with narcotics in their occupational capacity.
It is unlawful to import, produce, sell,

deal in, administer or give away ws

cotic drug without having registered and
paid the tax. It is also unlawful for any.
person, who has not registered and paid the
tax as he is required to do, to possess

narcotics, with certain few limited ex-

ceptions such as possession in good faith

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It is unlawful to import,
produce, sell, deal in, administer or give
away marijuana without having registered
and paid the tax. It is also unlawful for
any person to transfer marijuana except
pursuant to a written order on a form
supplied by the government and upon pay-

occupations.

ment of a transfer tax, It is unlawful for’
any person toacquire anymarijuana without
payment of the tax or to transport or con-
ceal any; marijuana so obtained. Posses-
sion of marijuana without a copy of the
written order form required by law to be
retained by one acquiring marijuana shall
be presumptive evidence of guilt.
C. Penalties. (26 U.S.C. &7237)
‘((1) Sale or transfer without written, cael
First offense: - five-twenty years imprison-

ment and 2 $20,000 fine —

Second offense - ten-forty years imprison-
ment and a $20,000 fine
@) Special provision for minors: If the offender
has attained 18 years of age and the person
- -~ “to whom he transfers marijuana or nar-—
cotics is not yet 18, the penalty is:
First offense - ten-forty years imprison-
ment and $20,000 fine
(3) Other violation of narcotic or marijuana
.provisions of Internal Revenue Code:
First offense - two ten years imprison-
ment and $20,000 fine
Second offense-five-twenty years im-
prisonment and $20,000 fine
Third offense - ten-forty years imprison-
ment and $20,000 fine

‘Upon conviction of a first offense under the prohibition

against transfers or. for a second or subsequent offense
under any other narcotic or marijuana provision of the
Internal Revenue Code, the imposition or execution of
sentence shall not be suspended, probation shall not be
granted, and prisoners shall not be eligible for parole.

26 U.S.C, &4701 et seq.

eo wéftur

NARCOTICS: : de ee

Boni

A. Definition

The term ‘narcotic drugs’? means any of rate

following:

(1) Opium-

(2) isonipecaine

(8) coca leaves

(4) opiate ;

(5) any compound, manufacture, salt, derivative,
or. preparation thereof or any substance
chemically identical thereto.
&4731 (Internal Revenue Code)

The term ‘‘marijuana’’ means:

(1) all parts of the plant cannabis sativa L.,.
whether growing or not, the seeds thereof,
the resin extracted therefrom and every
compound,’ manufacture, salt, derivative,
mixture or preparation of such plant. 26
U.S.C, &4761.

B. Prohibited Acts .

(1) Importing, enaniiine,: concealing, ‘buying,
selling or in any manner facjlitating the,
transportation, concealment or sale of any
narcotic drug, knowing it to have been im-.
ported contrary to law. Possession of nar-—

_ cotics shall be sufficient to authorize con-
viction unless such possession is satis-..
factorily explained. 21 U.S.C, &174.

(2) Importing, receiving, concealing, bu

26 USC.




SPECIAL PROVISIONS OF INTERNAL REVENUE con

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sélling or in any manner facilitating t ad

transportation concealment or sale of mari-
juana, knowing it to have been impor

A
contrary to law. Possession of marijuana.

shall be sufficient to authorize joni

unless such possession is satisfactorily
explained. 21 U.S.C. &176 (a). ‘

(3) Knowingly selling, giving away, furnishing,

dispensing, facilitating the sale, giving,

i ° furnishing. or dispensing by one who has

attained the age of 18 years of any heroin,

unlawfully in this country, to any person .

“who has not attained the age of 18 years.
Possession shall be sufficient proof that the
heroin was unlawfully imported unless satis-
factory explanation is made. 21 USL.
&176(b).