Page:United States Statutes at Large Volume 50 Part 1.djvu/578

 75T H CONGRESS, 1ST SESSION-CH. 553-AUGUST 2, 1937 exemption shall be evidenced in such manner as the Secretary may by regulations prescribe. SEC. 4. (a) It shall be unlawful for any person required to regis- ter and pay the special tax under the provisions of section 2 to import, manufacture, produce, compound, sell, deal in, dispense, distribute, prescribe, administer, or give away marihuana without having so registered and paid such tax. (b) In any suit or proceeding to enforce the liability imposed by this section or section 2, if proof is made that marihuana was at any time growing upon land under the control of the defendant, such proof shall be presumptive evidence that at such time the defendant was a producer and liable under this section as w ell as unde r section 2. SEC. 5 . It shall be unlawful for any person who shall not have paid the sp ecial tax a nd register ed, as requ ired by sec tion 2, to send, ship, carry, transport, or deliver any marihuana within any Territory, the Distri ct of Colum bia, or any insular po ssession, o r from any State, Ter- ritory, the District of Columbia, any insular possession of the United States, or the Ca nal Zone, i nto any oth er State, T erritory, t he District of Columbia, or insular possession of the United States : Provided, Thatt nothing contained in this section shall apply to an y common carrier engaged in transporting marihuana ; or to any employee of any person who shall have registered and paid the special tax as required by section 2 while acting within the scope of his employ- ment ; or to any person who shall deliver marihuana which has been prescribed or dispensed by a physician, dentist, veterinary surgeon, or other practitioner registered under section 2, who has been employed to prescribe for the particular patient receiving such marihuana ; or to any United States, State, county, municipal, Dis- tricts Territorial, or insular officer or official acting within the scope of his official duties. SEC. 6 . (a) It shall be unlawful for any person, whether or riot required to pay a special tax and register under section 2, to transfer marihuana, except in pursuance of a written order of the person to whom such marihuana is transferred, on a form to be issued in blank for that purpose by the Secretary. (b) Subject to such regulations as the Secretary may prescribe, nothing contained in this section shall apply- (1) To a transfer of marihuana to a patient by a physician, dentist, veterinary surgeon, or other practitioner registered under section 2, in the course of his professional practice only : Provided, That such physici an, dentist, veterinary surgeon, o r other pra ctitioner s hall keep a record of all such marihuana transferred, showing the amount transferred and the name and address of the patient to whom such marihuana is transferred, and such record shall be kept for a period of two years from the date of the transfer of such marihuana, and subject to inspection as provided in section 11. (2) To a transfer of marihuana, made in good faith by a dealer to a consumer under and in pursuance of a written prescription issued by a p hysician, d entist, vet erinary sur geon, or ot her practit ioner reg- istered under section 2 : Provided, That such prescription shall be dated as of the day on which signed and shall be signed by the physi- cian, dentist, veterinary surgeon, or other practitioner who issues the same : Provided further, That such dealer shall preserve such pre- scription for a period of two years from the day on which such prescription is filled so as to be readily accessible for inspection by the officers, agents, employees, and officials mentioned in section 11. (3) To the sale, exportation, shipment, or delivery of marihuana by any person within the United States, any Territory, the District of Columbia, or any of the insular possessions of the United States. to any person in any foreign country regulating the entry of mari- 553 Certain activities without registration and payment of tax, unlawful. P resu mpt ive evi- dence of production, and liability therefor . Shipments, etc ., ex- cept as prescribed, un- lawful. Proviso. E xcep tio ns. Transfer except on written order from transferee unlawful. Exemptions. Professional use by phy sician, e tc. Proviso. Record to be kept. Issue on written pre- scription . Praviaos . Deta ils requi red. Preservation. Exportation to a country regulating en try .