Page:United States Statutes at Large Volume 70.djvu/674

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PUBLIC LAW 764-JULY 24, 1956

[70 S T A T.

SEPARABILITY CLAUSE

Effective date.

SEC. 213. If any provision of this title is declared unconstitutional or the applicability thereof to any person or circumstances is held invalid, the constitutionality of the remainder of the Act and the applicability thereof to other persons and circumstances shall not be affected thereby. SEC. 214. This title shall take effect ninety days after the date of its enactment. TITLE III—MISCELLANEOUS AMENDMENTS TO UNIFORM NARCOTIC DRUG ACT

SEC. 301. (a)(1) The first section of the Uniform Narcotic Drug Act approved June 20, 1938 (52 Stat. 785; D. C. Code, sec. 3 3 ^ 0 1), is amended by amending subsections (n) and (o) to read as follows: " (n) 'Narcotic drugs' means coca leaves, opium, cannabis, isonipecaine, and opiate, and every substance not chemically distinguishable from them, and any compound, manufacture, salt, derivative, or preparation of coca leaves, opium, cannabis, isonipecaine, or opiate, whether produced directly or indirectly by extraction from substances of vegetable origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis. "(o) 'Federal narcotic laws' means the laws of the United States and the regulations promulgated thereunder relating to opium, coca leaves, cannabis, and other narcotic drugs." (2) Such section is further amended by adding at the end thereof the following new subsection: 26"^lcf*47¥i!* " (^) 'Isonipecaine' and 'opiate' shall have the same meaning as that given to such terms by section 4731 of the Internal Revenue Code of 1954." 40^ c. Code 33Q^^ Section 2 of such Act is amended (1) by inserting " (a) " immediately after "SEC. 2.", and (2) by adding at the end of such section the following new subsections: "(b) Arrests without a warrant, and searches of the person and seizures pursuant thereto, may be made for a violation of subsection (a) hereof by police officers, as in the case of a felony, upon probable cause that the person arrested is violating such subsection at the time of his arrest. "(c) No evidence discovered in the course of any such arrest, search, or seizure authorized by subsection (b) hereof, shall be admissible in any criminal proceeding against the person arrested unless at the time of such arrest he was violating the provisions of this section." 4 05. *^' ^*'*** ^^ (c) Section 5 of such Act is amended (1) by striking out in the fourth sentence of the first paragraph thereof "in section 6 of the Act of Congress approved December 17, 1914, entitled 'An Act to provide for the registration of, with collectors of internal revenue, and to impose a special tax upon all persons who produce, import, manufacture, compound, deal in, dispense, sell, distribute, or give away opium or coca leaves, their salts, derivatives, or preparations, and for other purposes', as amended," and inserting in lieu thereof 26ljlcf*47o?* "in section 4702 of the Internal Revenue Code of 1954" and (2) by striking out in the first sentence of the second paragraph thereof "at a cost not to exceed $1 a hundred", and inserting in lieu thereof "at cost", and (3) by amending the last paragraph thereof to read as follows: " I t shall be deemed a compliance with this section if the parties to the transaction have complied with the Federal narcotic laws respecting official order forms if such order forms are authorized and required by Federal laws, or, if no such order form is required by Fed-

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