Page:United States Statutes at Large Volume 70.djvu/624

 568

26ljic*7237°'

PUBLIC LAW 728-JULY 18, 1956

[70 S T A T.

surgeon, or other practitioner registered under section 4753, if the bottle or other container in which such marihuana is carried bears the name and registry number of the druggist, serial number of prescription, name and address of the patient, and name, address, and registry number of the person issuing such prescription; "(6) to any person carrying marihuana which has been obtained by the person as a patient from a registered physician, dentist, or other practitioner in the course of his professional practice if such marihuana is dispensed to the patient for legitimate medical purposes; or "(7) to any United States, State, county, municipal. District, Territorial, or insular officer or official acting within the scope of his official duties." SEC. 103. VIOLATIONS OF NARCOTIC DRUG AND MARIHUANA LAWS. Section 7237 of the Internal Revenue Code of 1954 (violations of laws relating to narcotic drugs and marihuana) is amended to read as follows: «SEC. 7237. VIOLATION OF LAWS RELATING TO NARCOTIC DRUGS AND TO MARIHUANA. "(a)

W H E R E N O SPECIFIC PENALTY I S OTTIERW^ISE PROVIDED.—

Whoever commits an offense, or conspires to commit an offense, 56of ^ ^**** ^^^' described in part I or part II of subchapter A of chapter 39 for which 4762 " ^ * "*'' ° *• no specific penalty is otherwise provided, shall be imprisoned not ^ less than 2 or more than 10 years and, in addition, may be fined not more than $20,000. For a second offense, the offender shall be imprisoned not less than 5 or more than 20 years and, in addition, may be fined not more than $20,000. For a third or subsequent offense, the offender shall be imprisoned not less than 10 or more than 40 years and, in addition, may be fined not more than $20,000. "(b)

SALE OR OTHER TRANSFER WITHOUT W R I T I E N ORDER.—Who-

ever commits an offense, or conspires to commit an offense, described in 4742 ^^^ 4 70 5, gcction 4705(a) or section 4742(a) shall be imprisoned not less than 5 or more than 20 years and, in addition, may be fined not more than $20,000. For a second or subsequent offense, the offender shall be imprisoned not less than 10 or more than 40 years and, in acMition, may be fined not more than $20,000. If the offender attained the age of 18 before the offense and— "(1) the offense consisted of the sale, barter, exchange, giving away, or transfer of any narcotic drug or marihuana to a person who had not attained the age of 18 at the time of such offense, or " (2) the offense consisted of a conspiracy to commit an offense described in paragraph (1), the offender shall be imprisoned not less than 10 or more than 40 years and, in addition, may be fined not more than $20,000. "(c)

^5 Stat. 7^67. 55 Stat.* 584.* Post, p. 571.

^poet, pp. 570. ^'""' P- " 1. 21 USC 174 note.

CONVICTION OF SECOND OR SUBSEQUENT OFFENSE.— "(1) PRIOR OFFENSES COUNTED.—For purposes of subsections

(a), (b), and (d) of this section, subsections (c) and (h) of sec|.JQJJ 2 of the Narcotic Drugs Import and Export Act, as amended (21 U.S.C. sec. 174), and the Act of July 11, 1941, as amended ^g-j^ ^^ g Q ^ gg^ 184a), an offender shall be considered a second or subsequent offender, as the case may be, if he previously has been convicted of any offense the penalty for which was provided in subsection (a) or (b) of this section or in— «^^^) subsection (c), (h), or (i) of section 2 of the Narcotic Drugs Import and Export Act (21 U.S.C. sec. 174); «(B) the Act of July 11, 1941 (21 IT. S. C, sec. 184a); " (C) section 9 of the Act of December 17, 1914 (38 Stat. 739).

�