Page:United States Statutes at Large Volume 70.djvu/627

 70 S T A T. ]

PUBLIC LAW 728-JULY 18, 1956

the United States marihuana contrary to hiw, or smuggles or clandestinely introduces into the United States marihuana which should have been invoiced, or receives, conceals, buys, sells, or in any manner facilitates the transportation, concealment, or sale of such marihuana after being imported or brouglit in, knowing the same to have been imported or brought into the United States contrary to law, or whoever conspires to do any of the foregoing acts, shall be imprisoned not less than five or more than twenty years and, in addition, may be fined not more than $20,000. For a second or subsequent otfense (as determined under section 72o7 (c) of the Internal Revenue Code of 1954), the ofi'ender shall be imprisoned for not less than ten or more than forty years and, in addition, may be fined not more than $20,000. "AVhenever on trial for a violation of this subsection, the defendant is shown to have or to have had the marihuana in his possession, such possession shall be deemed sufficient evidence to authorize conviction unless the defendant explains his possession to the satisfaction of the ''As used in this subsection, the term 'marihuana' has the meaning given to such term by section 4761 of the Internal Revenue Code of 1954. '"For provision relating to sentencing, probation, etc., see section 7237 (d) of the Internal Revenue Code of 1954." SEC. 107. SALE OF HEROIN TO JUVENILES—PENALTIES. Section 2 of the Narcotic Drugs Import and Export Act, as amended, is further amended by adding at the end thereof the following: " (i) Notwithstanding any other provision of law, whoever, having attained the age of eighteen years, knowingly sells, gives away, furnishes, or dispenses, facilitates the sale, giving, furnishing, or dispensing, or conspires to sell, give away, furnish, or dispense, any heroin unlawfully imported or otherwise brought into the United States, to any person who has not attained the age of eighteen years, may be fined not more than $20,000, and shall be imprisoned for life, or for not less than ten years, except that the offender shall suffer death if the jury in its discretion shall so direct. "Whenever on trial for a violation of this subsection the defendant is shown to have had heroin in his possession, such possession shall be sufficient proof that the heroin was unlawfully imported or otherwise brought into the United States unless the defendant explains his possession to the satisfaction of the jury. "For the purposes of this subsection, the term 'heroin' means any substance identified chemically as diacetylmorphine or any salt thereof. For provision relating to sentencing, probation, etc., see section 7237 (d) of the Internal Revenue Code of 1954." SEC. 108. UNLAWFUL POSSESSION OF NARCOTIC DRUGS AND MARIHUANA ON VESSELS. N (a) II: GENERAL.—Subsection (a) of the first section of the Act of July 11, 1941 (21 U.S.C. sec. 184a), is amended by striking out "fined not more than $5,000 or be imprisoned for not more than five years, or both," and inserting in lieu thereof "imprisoned not less than five or more than twenty years and, in addition, may be fined not more than $20,000. For a second or subsequent otfense (as determined under section 7237(c) of the Internal Revenue Code of 1954), the offender shall be imprisoned not less than ten or more than forty years and, in addition, may be fined not more than $20,000. For provision relating to sentencing, probation, etc., see section 7237(d) of the Internal Revenue Code of 1954."

571

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Ante, p. 569.

ss Stat. 584.

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