Page:United States Statutes at Large Volume 52.djvu/837

 PUBLIC LAWS-CH. 532-JUNE 20, 1938 Exceptions and ex- emptions not required to be negatived. Enforcement cooperation. and Personal services. 51.S. C. §§671-674; Supp. III, §§673, 673c. Penalties. Federal narcotic laws. Effect of acquittal or conviction under. Constitutionality. Inconsistent laws re- pealed. Name of Act. EXCEPTIONS AND EXEMPTIONS NOT REQUIRED To BE NEGATIVED SEC. 21. 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. It is hereby made the duty of the major and superintend- ent 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. 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. Salaries of employees shall be fixed in accordance with the Classifi- cation 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. 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. EFFECT OF ACQUITTAL OR CONVICTION UNDER FEDERAL NARCOTIC LAWS SEC. 24. No person shall be prosecuted for a violation of any pro- vision 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, con- stitutes a violation of this Act. CONSTITUTIONALITY SEC. 25. 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. All Acts or parts of Acts which are inconsistent with the provisions of this Act are hereby repealed. NAME OF ACT SEC. 27. This Act may be cited as the "Uniform Narcotic Drug Act". Approved, June 20, 1938. 796 [52 STAT.

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