Act No. 1761

An Act Gradually To Restrict And Regulate The Sale And Use Of Opium Pending The Ultimate Prohibition Of The Importation Of Opium Into The Philippine Islands In Whatever Form Except For Medicinal Purposes As Provided By The Act Of Congress Approved March Third, Nineteen Hundred And Five, And Prohibiting Any Person From Having The Possession Of Opium, Cocaine, Or Alpha Or Beta Eucaine In Any Of Their Several Forms, Or Any Derivative Or Preparation Of Any Of Such Drugs Or Substances, Except For Medicinal Purposes, And To Repeal Act Numbered Fourteen Hundred And Sixty-One, And For Other Purposes

Act No. 1761

By authority of the United States, be it enacted by the Philippine Commission, that:

Section 1. Opium within the meaning of this Act shall embrace every kind, class, and character of opium, whether crude, prepared, or refuse, and all narcotic preparations thereof or therefrom, and all morphine or alkaloids of opium and all preparations in which opium, morphine, or any alkaloid of opium enters as an ingredient, together with all opium leaves and wrappings of opium leaves, whether such leaves or wrappings are prepared for use or not.

Section 2. Upon the presentation by any Chinese person of a written application, verified by his oath before an officer entitled to administer oaths, and reciting that he habitually smokes, chews, swallows, or injects opium, or is otherwise addicted to the use of opium, stating the quantity of opium consumed daily, it shall be the duty of the treasurer of the municipality or the treasurer of the township or settlement in which said application is presented, or if presented in the city of Manila then of the Collector of Internal Revenue, upon the payment to such official by the applicant of the fee herein prescribed, to register such Chinese person as a confirmed user of opium and to issue to him a certificate stating that he is addicted to the use of opium, the manner and form of its use, and the quantity of the drug which he shall be permitted to consume per day. The certificates so issued shall be printed in quadruplicate and shall be consecutively numbered. One of the quadruplicates shall be retained by the officer issuing the same, one shall be forwarded forthwith to the treasurer of the province in which said municipality, township, or settlement is located, one shall be forwarded to the Collector of Internal Revenue, and one shall be delivered to the person registered. Beginning with the certificates for the month of November, nineteen hundred and seven, the Collector of Internal Revenue shall reduce each month the quantity which shall be permitted to be consumed by each registered confirmed user of opium by an amount equal to fifteen per centum of the quantity allowed on the original certificate issued under this law. The fee to be charged for confirmed users’ certificates provided for in this section shall be as follows: Certificates for the period from the date of taking effect of this Act until the end of October, nineteen hundred and seven, one peso; for the month of November, nineteen hundred and seven, two pesos and fifty centavos; for the month of December, nineteen hundred and seven, five pesos; for the month of February, nineteen hundred and eight, ten pesos. No certificates shall be honored by a dispensator of opium hereinafter mentioned except when presented by the owner during the month for which issued. All such certificates shall be accounted for as cash at face value thereof. Spoiled or mutilated certificates not issued shall be retained and turned in with the accounts of the responsible officer at the proper time.

Section 3. Any person who makes or uses a false or counterfeit certificate or other official document used in the enforcement of this Act, or who with intent to defraud has in his possession any false, counterfeit, restored, or altered certificate or other official document used in the enforcement of this Act, or who alters the written or printed figures or letters upon such certificate or other official document used in the enforcement of this Act, or who procures the commission of any such offense by another, or who cooperates or assists in the commission of any such offense, or who lends or delivers his certificate to another, shall be punished by a fine not exceeding five thousand pesos, or by imprisonment for a period not exceeding two years, or by both such fine and imprisonment, in the discretion of the court.

Section 4. (a) Except when prescribed as a medicine by a duly licensed and practicing physician, it shall be unlawful for any person to smoke, chew, swallow, inject, or otherwise consume or use opium unless such person has been duly registered as provided in section two hereof and has secured the certificate therein provided. Except when prescribed as a medicine by a duly licensed and practicing physician, no registered confirmed user of opium shall smoke, chew, swallow, inject, or otherwise use or consume opium except in a duly licensed opium dispensary hereinafter provided for.

(b) Any person violating the provisions of this section shall be punished by a fine not exceeding two hundred pesos, or by imprisonment for a period not exceeding six months, or by both such fine and imprisonment, in the discretion of the court: Provided, That in case of the commission of a second offense under the provisions of this section the person so convicted, if other than a citizen of the States or a citizen of the Philippine Islands, may by order of the court be deported.

Section 5. (a) It shall be unlawful to sell, transfer, give, or deliver opium to any person except to a duly licensed and practicing physician, pharmacist, or second-class pharmacist, or a duly licensed dispensator of opium, or duly registered confirmed user of opium in a licensed opium dispensary for consumption therein only, and in accordance with the provisions of this Act: Provided, however, That the transfer of ownership of opium, but not delivery thereof, as may be made to licensed wholesale dealers in opium; AND PROVIDED FURTHER, That opium may be sold, transferred, or delivered to Government Bureaus or offices duly authorized by the Governor-General to receive it, and to hospitals on permit from the Collector of Internal Revenue. Duly licensed physicians may prescribe and administer opium as a medicine, and pharmacists and second-class pharmacists may sell, transfer, give or deliver opium as a medicinal preparation on the prescription of a duly licensed and practicing physician, under such regulations as may be prescribed by the Collector of Internal Revenue and approved by the Secretary of Finance and Justice.

(b) Any person violating the provisions of the preceding subsection shall be punished by a fine not exceeding one thousand pesos, or by imprisonment for a period not exceeding one year, or by both such fine and imprisonment, in the discretion of the court: Provided, That in case of the commission of a second offense under the provision of this section, the person so convicted, if other than a citizen of the United States or a citizen of the Philippine Islands, may by order of the court be deported.

(c) Any physician who prescribes opium for his patients when the physical condition of said patients does not require the use of opium shall have his license to practice medicine revoked by the Board of Medical Examiners for the Philippine Islands after due notice and hearing by said board, and shall be punished by a fine of not less than two hundred and fifty pesos nor more than one thousand pesos, or by imprisonment for a period of not less than six months nor more than one year, or by both such fine and imprisonment in the discretion of the court.

Section 6. (a) Every person other than a licensed pharmacist or second-class pharmacist who imports, cooks, or prepares opium, or prepares any narcotic extract from opium, or who offers to sell opium in quantities of one kilo or more, or who for himself or on commission sells or offers to sell opium to another for resale, shall be deemed to be a wholesale dealer for the purposes of this Act.

(b) The keeping of licensed opium dispensaries, not to exceed such number in any one city, municipality, township, or settlement, as may be prescribed by the Collector of Internal Revenue with the approval of the Secretary of Finance and Justice, is hereby authorized.

(c) Opium dispensaries for the purposes of this Act shall be divided into three classes, as follows:

First class. To be kept open twenty-four hours per day or so long as the proprietor may desire.

Second class. To be kept open not over sixteen hours per day.

Third class. To be kept open not over eight hours per day.

The hours during which an opium dispensary may be kept open shall be continuous.

(d) Every opium dispensary shall be in the joint custody of an internal-revenue officer and the proprietor thereof. It shall be kept securely locked when not open to users and shall at no time be unlocked, opened, or remain opened unless in the presence of an internal-revenue officer.

Section 7. (a) Except upon the prescription of a duly licensed and practicing physician or upon lawful permit of the Collector of Internal Revenue it shall be unlawful for any person not a duly licensed and practicing physician, pharmacist, second-class pharmacist, licensed dispensator of opium, or a duly registered user of opium, when using the same in a licensed opium dispensary only and in such quantities as may be stated in his certificate, to have in his possession opium, or any pipes, hypodermic syringes, or other apparatus or paraphernalia to be used for smoking, injecting, or using opium in any manner.

(b) Any person violating the provisions of this section shall be punished by a fine not exceeding five hundred pesos or by imprisonment for a period not exceeding one year, or by both such fine and imprisonment, in the discretion of the court: Provided, That all opium, pipes, and other opium apparatus and paraphernalia found in the possession of any person not authorized to have same shall be seized and forfeited to the Government.

Section 8. Every dispensator of opium shall keep and maintain on the outside of his place of business, so that the same may be seen and easily read by the public, a sign setting forth in plain, large letters the name or firm designation and the words “Licensed opium dispensary of the ‘first,’ ‘second,’ or ‘third’ class,” as the case may be. For a failure to keep and maintain such sign conspicuously displayed as herein provided, or for a violation of any of the provisions of this Act, the Collector of Internal Revenue, or his duly authorized representative, may cancel the license issued to such dispensator of opium, and such dispensator of opium shall not be entitled to the return of any money paid by him for such license.

Section 9. (a) Within ten days after this Act shall go into effect every person having opium in his possession, except a duly licensed and practicing physician, licensed pharmacist or second-class pharmacist, Bureaus or officers of the Government authorized by law or by the Governor-General to have possession of the same, shall deliver to the treasurer of the province in which opium is located, or if located in the city of Manila then to the Collector of Internal Revenue, all opium in his possession or under his control, and the official to whom the opium is so delivered shall issue receipt for same, store the opium in a safe place, and report to the Collector of Internal Revenue immediately the name of the person making delivery, the quantity and kind delivered, and such further information as may by regulation of the Collector of Internal Revenue be required. Opium so delivered shall not be released except on permit of the Collector of Internal Revenue.

(b) Reasonable charges to cover actual expense of storage and care of opium may be imposed by the Collector of Internal Revenue.

(c) Any person failing to deliver the opium in his possession or under his control as prescribed in this section shall be punished by a fine not exceeding five thousand pesos, or by imprisonment for a period not exceeding five years, or by both such fine and imprisonment, in the discretion of the court; and all opium not so delivered by such person shall be seized, forfeited, and sold as prescribed by this Act.

Section 10. All imported opium shall be delivered by the customs authorities, after payment of all proper duties, taxes, and charges thereon, to the Collector of Internal Revenue or to his duly authorized representative only, for storage in a place to be approved by the Collector of Internal Revenue, and neither the whole nor any part of the opium so stored shall be removed from such building or place except to an opium dispensary, or for export, in accordance with regulations prescribed by the Collector of Internal Revenue and approved by the Secretary of Finance and Justice, or on a permit from the Collector of Internal Revenue. Opium stored or withdrawn in any manner other than that prescribed by this Act, or by regulations of the Collector of Internal Revenue made hereunder and approved by the Secretary of Finance and Justice, shall be seized and confiscated.

Section 11. (a) Every dispensator of opium, pharmacist, and second-class pharmacist shall keep a book in which he shall enter, in Spanish and English, the full quantity of opium received by him from every source, the date on which the same was received, the person from whom received, and the authorization for its receipt, the kind received, the price thereof, the date and hour of each and every sale or delivery made by him, the quantity and kind of opium sold or delivered by him, the name and authorization of the person purchasing or receiving the same, the quantity and kind of opium transferred on permit, the date of such transfer, the name and address of the person to whom transferred, together with the number of the permit for withdrawal or removal, and such other information as may be prescribed by the Collector of Internal Revenue.

Every pharmacist and second-class pharmacist shall likewise make and keep a similar record in regard to all cocaine, alpha or beta eucaine, or any derivative or preparation of such drugs or substances received, sold, delivered, or transferred by him. Pharmacists and second-class pharmacists may, on proper permit to be obtained from the Collector of Internal Revenue, or his duly authorized agent, transfer opium, cocaine, alpha or beta eucaine, or any derivative or preparation of such drugs or substances, to other pharmacists and second-class pharmacists.

(b) Any dispensator of opium or licensed pharmacist or second-class pharmacist who shall fail to keep the book and make true entries therein, as prescribed by this section, shall be punished by a fine not exceeding five thousand pesos, or by imprisonment for a period not exceeding five years, or by both such fine and imprisonment, in the discretion of the court, and the license of such pharmacist or second-class pharmacist shall be revoked by the Board of Pharmaceutical Examiners for the Philippine Islands after due notice and hearing.

Section 12. Should any dispensator of opium, pharmacist, or second-class pharmacist in the next preceding section of this Act, or should an inspection of the opium, cocaine, alpha or beta eucaine, or any derivative or preparation of such drugs or substances on hand, or should an examination of the books of any dispensator of opium, pharmacist, or second-class pharmacist, disclose a greater or less quantity of such articles than the difference between the receipts of such articles and the sales, transfers, or withdrawals thereof, respectively, should justify, then said dispensator, pharmacist, or second-class pharmacist, as the case may be, shall pay the Government of the Philippine Islands, as a penalty, double the value of any deficiency or excess that may exist, and all opium and opium pipes, hypodermic syringes, and apparatus or paraphernalia for smoking or using opium which are found on the premises on which the opium business is carried on and conducted shall be seized and forfeited: Provided, That the dispensator may be relieved in whole or in part from the penalties, seizure, and forfeiture provided in this section whenever in the opinion of the Collector of Internal Revenue, with the approval of the Secretary of Finance and Justice, such relief is just and equitable.

Section 13. It shall be unlawful for any dispensator of opium to sell or give opium to any person except to a duly registered user or on permit from the Collector of Internal Revenue.

Each sale, gift, or delivery of opium to a duly registered user shall be entered on the back of his certificate by an official slip for that purpose attached to the certificate by an internal-revenue officer showing the date and hour of sale, gift, or delivery and the amount sold, given, or delivered, and it shall be unlawful for a dispensator to sell, give or deliver to a register user of opium in a greater quantity than that stated on his certificate as one day’s allowance or the difference between that stated as one day’s allowance and the amount noted on the back of the certificate as having been sold, given, or delivered to him that day, or for a dispensator of opium to sell, give, or deliver to a registered user of opium any opium when the entry on his certificate shows that he has been furnished his full allowance for that day.

Any person violating the provisions of this section shall be punished by a fine of not less than five hundred pesos and not more than five thousand pesos, or by imprisonment for not more than two years, or by both such fine and imprisonment, in the discretion of the court: Provided, That in case of the commission of a second offense under the provisions of this section the person so convicted, if other than a citizen of the United States or a citizen of the Philippine Islands, may by order of the court be deported.

Section 14. The books and stock of opium of dispensators of opium or of pharmacists or second-class pharmacists shall be subject to inspection at any time by the Collector of Internal Revenue, or his duly authorized representative, and any dispensator of opium or pharmacist or second-class pharmacist failing, refusing, or neglecting to allow such inspection immediately upon demand made by the Collector of Internal Revenue, or his duly authorized representative, shall be punished by a fine not exceeding one thousand pesos, or by imprisonment for a period not exceeding one year, or by both such fine and imprisonment, in the discretion of the court.

Section 15. (a) No person shall import, cook, or prepare opium, or engage in the business of purchasing or selling opium or of dealing or trafficking therein, unless he shall have first secured from the Collector of Internal Revenue a license to transact such business and shall have paid the license tax prescribed by this Act. Crude opium shall not be sold to any person who is not a duly licensed wholesale dealer, and then only subject to all the provisions of section five: Provided, That duly licensed pharmacists and second-class pharmacists may import, buy, sell, and prepare, opium for medicinal purposes, without securing the license prescribed by this section, under such regulations as the Secretary of Finance and Justice may prescribe on the recommendation of the Director of Health and the Collector of Internal Revenue.

(b) Any person violating the provisions of this section shall be punished by a fine of not less than five hundred pesos nor more than two thousand pesos, or by imprisonment for a period of not more than one year, or by both such fine and imprisonment, in the discretion of the court.

Section 16. Before any license is issued to any wholesale dealer in opium, or to any dispensator of opium, the Collector of Internal Revenue shall require that such wholesale dispensator of opium shall execute to the Government of the Philippine Islands a good and sufficient bond in the sum of ten thousand pesos, duly approved by the Collector of Internal Revenue, and conditioned that said wholesale dealer or dispensator of opium will well and truly pay the internal-revenue taxes, fines, and penalties imposed by this Act; that he will not withdraw or remove any opium from the place in which it is lawfully kept or stored except as prescribed by this Act, or by regulations of the Collector of Internal Revenue made hereunder and approved by the Secretary of Finance and Justice; and that he will well and truly comply with the provisions of this Act and perform all the duties by it required of him to be performed.

Section 17. Every wholesale dealer in opium shall pay to the Collector of Internal Revenue a monthly license tax of one hundred pesos, and every dispensator of opium shall pay a monthly license tax in the following amounts: For a first-class opium dispensary, two hundred and fifty pesos; for a second-class opium dispensary, one hundred and seventy-five pesos; and for a third-class opium dispensary, one hundred pesos, which taxes shall be paid in advance. In case any wholesale dealer or dispensator of opium begins business after the first day of a month, he shall pay the whole month: Provided, however, That this shall not apply to the month of October, nineteen hundred and seven, for which month he shall pay one-half of the amount hereinbefore prescribed: AND Provided, FURTHER, That no license shall be issued to any person authorizing him to sell opium outside of a licensed opium dispensary, and that any person, except a duly licensed and practicing physician or a pharmacist or second-class pharmacist, selling, giving, furnishing, or otherwise disposing of, opium outside of a licensed opium dispensary, shall be punished by a fine not exceeding one thousand pesos, or by imprisonment for a period not exceeding one year, or by both such fine and imprisonment, in the discretion of the court and in addition all of the stock of opium found in the possession of any such person shall be seized and forfeited.

Section 18. Persons doing business as copartners in any one place shall be required to pay but one license tax. Should a dispensator of opium engage in business in more than one place, he shall pay the prescribed license tax for each place in which he carries on business: Provided, however, That if the business of a dispensator or of a wholesale dealer in opium is transferred to a place other than that for which the license was issued, the Collector of Internal Revenue may transfer the license to the new place of business, and in such case no additional license tax shall be exacted; AND PROVIDED FURTHER, That when any person to whom a license is issued dies during the term of the license, his heirs, executors, administrators, or other legal representatives, may, without the payment of an additional tax, carry on, for the rest of the term covered by the license, the business for which the license was issued.

Section 19. Unless otherwise provided by this Act, the payment and collection of all taxes and of all judgments and moneys recovered and received for taxes, costs, forfeitures, and penalties imposed by this Act and the accounting therefor shall be made as prescribed by Act Numbered Eleven hundred and eighty-nine, as amended, and the regulations of the Collector of Internal Revenue issued thereunder.

Section 20. (a) Before any imported opium shall be released from the custom-house there shall be paid thereon an internal-revenue tax as follows: On crude opium, two pesos and fifty centavos a kilo, net weight; and on prepared opium, seven pesos and fifty centavos a kilo, net weight. Beginning with the first day of November, nineteen hundred and seven, the internal-revenue tax on imported opium shall be increased each month by an amount equal to twenty per centum of the original tax imposed therein until March first, nineteen hundred and eight, on and after which date the said tax on opium permitted to be imported by the Act of Congress of March third, nineteen hundred and five, shall be as follows: On crude opium, five pesos a kilo, net weight; and on prepared opium, fifteen pesos a kilo, net weight. The date of payment of this tax shall for the purpose of this section be considered the date of importation. This tax shall be paid to the Collector of Customs, under regulations prescribed by the Collector of Internal Revenue, with the approval of the Secretary of Finance and Justice.

On all opium cooked or prepared in the Philippine Islands every wholesale dealer shall pay to the Collector of Internal Revenue at the time of such cooking or preparation an additional internal-revenue tax of five pesos on each kilo net weight, of such cooked or prepared opium. Beginning with the first day of November, nineteen hundred and seven, the internal-revenue tax on opium cooked or prepared in the Philippine Islands shall be increased each month by an amount equal to twenty per centum of the original tax imposed herein. The burden of proving that the internal-revenue tax hereby imposed has been paid shall be upon the wholesale dealer.

Net weight shall be determined by the customs laws and regulations covering the importation of opium into the Philippine Islands.

Before any opium is withdrawn or removed from the place in which it is kept or stored, as prescribed by this Act, it shall be marked, branded, or otherwise identified in the manner prescribed by the Collector of Internal Revenue and approved by the Secretary of Finance and Justice.

(b) The cooking or preparation of opium or the changing of its form in any manner, except for medicinal purposes by duly licensed and practicing physicians, pharmacists, and second-class pharmacists, shall be done only under the supervision of the Collector of Internal Revenue, or his authorized representative, in a place to be designated and provided by the Collector of Internal Revenue, and all cooking or preparation of opium, or the changing of its form, shall in any case be subject to the inspection of the Collector of Internal Revenue.

Opium so prepared shall be immediately returned to the place of storage as provided for by this Act and shall not be released except in the manner provided herein.

The Collector of Internal Revenue is hereby authorized to make provision for the storage and preparation of opium, and to charge reasonable fees for such storage and place of preparation and for services rendered in connection with the records and the preparation of opium. Such charges shall constitute a lien upon the opium, which can be removed only by payment of all charges due.

(c) Any dealer in opium failing, refusing, or neglecting to pay the internal-revenue tax as prescribed by this section, or who shall fail, refuse, or neglect to mark, brand, or otherwise identify opium as required by this section, or who shall in any other manner violate the provisions of this section, shall be punished by a fine of not less than five hundred pesos nor more than five thousand pesos. or by imprisonment for a period not exceeding five years, or by both such fine and imprisonment, in the discretion of the court; and all goods on which such tax is due and not paid as required by this Act shall be seized and forfeited.

Section 21. In case of the seizure of any property for the violation of any provision of this Act, the Collector of Internal Revenue shall publish a notice of such seizure once a week for three successive weeks in some newspaper of general circulation devoted to the publication of general news and published in the province in which the seizure was made, or if the seizure was made in the city of Manila, then in some newspaper published in said city. If there be no newspaper published in the province in which the seizure was made, then such notice may be published in any newspaper in the Islands devoted to the publication of general news. The notice shall describe the property seized and state the time, cause, and place of seizure, and shall require any person claiming such property to appear and file his claim within twenty days after the first publication of such notice.

Section 22. Any person claiming such seized property shall file his claim thereto as prescribed in the notice provided for in the preceding section, and shall deposit with the Collector of Internal Revenue a bond executed to the Government of the Philippine Islands in the sum of five hundred pesos, duly approved by said Collector of Internal Revenue, and conditioned that the claimant will pay all costs and expenses of forfeiture and sale of the property in case forfeiture and sale thereof are adjudged. On the filing of such a bond the Collector of Internal Revenue shall proceed against such seized property in the same manner as is prescribed by Act Numbered Eleven hundred and eighty-nine, as amended, for the forfeiture and sale of property seized thereunder.

Section 23. The books, blank forms, certificates, and registers necessary to carry out the provisions of this Act shall be prepared by the Collector of Internal Revenue and furnished to wholesale dealers and dispensators of opium at cost plus ten per centum.

Section 24. The Collector of Internal Revenue is hereby authorized and empowered to prepare and distribute regulations, directions, and instructions for the carrying out of the provisions of this Act; and such regulations, directions, and instruction, not inconsistent with this Act, whether general or specific in character, shall have the force and effect of law then approved by the Secretary of Finance and Justice.

Section 25. The Collector of Internal Revenue, with the approval of the Secretary of Finance and Justice, may compromise any civil or other case arising under the provisions of this Act instead of commencing or prosecuting suit thereon, and, with the consent of the Secretary of Finance and Justice, he may compromise such case after action has been begun thereon.

Section 26. The registration tax required to be paid by this Act shall be covered into the treasury of the municipality, township, or settlement in which collected, or if collected in the city of Manila then into the Insular Treasury to the credit of the city, and shall be deposited and disposed of as are all other deposits to the general fund of said municipalities, townships, settlements, or city of Manila, as the case may be.

The license tax and the internal-revenue tax required to be paid by this Act, except license taxes upon wholesale dealer and opium dispensaries, shall be covered into the Insular Treasury and shall constitute a special fund to be devoted solely to the following purposes:

First. The printing and dissemination among the people of information as to the evils resulting from the use of opium;

Second. The payment of the reasonable expenses, in some reputable hospital, of those desiring to cure themselves of the opium habit;

Third. The payment of salaries of Filipinos who have been appointed Insular teachers;

Fourth. The construction of schoolhouses and school buildings, in the various municipalities of the Islands: Provided, That twenty-five per centum of all fines imposed by reason of violations of this Act shall be paid to the person who furnished the original evidence, properly substantiated, which led to the detection of the offense and the imposition of the fine. The name of the informer shall be specified in the judgment of the court when conviction is had in a court: PROVIDED That in all cases in which no fine is imposed but where the sentence is one for imprisonment or deportation, or when compromise is effected as provided in section twenty-five hereof, there shall be paid to the informer an amount approved by the Secretary of Finance and Justice, not exceeding one thousand pesos in any one case, and said moneys are hereby appropriated for the purposes of this section and shall be expended therefor on the approval of the Governor-General.

Section 27. The license taxes on wholesale dealers and opium dispensaries and storage charges and fees for services rendered as provided for herein shall constitute a special fund, which is hereby made available for expenditure in the temporary employment of special internal-revenue officers, renting of buildings, furnishing supplies, and for such other purposes as may be necessary in the carrying out of the provisions of this Act, and said moneys are hereby appropriated for the purposes of this section and shall be expended therefor on the approval of the Governor-General.

Section 28. No person shall inhale, snuff, chew, swallow, inject, or otherwise use or permit to be used in or on his body any cocaine, alpha or beta eucaine, or any derivative or preparation of such drugs or substances, except upon the prescription of a duly licensed and practicing physician or except as otherwise specially provided in this Act.

Section 29. The possession of any opium pipe, hypodermic syringe, apparatus, instrument, or paraphernalia for using or smoking opium or any hypodermic syringe for using cocaine, alpha or beta eucaine, or any derivative or preparation of such drugs or substances, or any other apparatus or instrument especially designed for using any of said drugs or substances in or on the human body, shall be deemed prima facie evidence that the person in possession of such opium pipe, hypodermic syringe, apparatus, instrument, paraphernalia, or articles, has used some one of such prohibited drugs or substances, or the drug or substance for the use of which such apparatus, instrument, and paraphernalia are especially designed, without the prescription of a duly licensed and practicing physician, unless such prescription is produced by the person.

Section 30. On and after March first, nineteen hundred and eight, it shall be unlawful for any person to hold or to have in his possession or under his control or subject to his disposition any opium, cocaine, alpha or beta eucaine, or any derivative or preparation of such drugs or substances: Provided, however, The Government Bureaus or officers of the Government duly authorized by law or designated in writing by the Governor-General may have, hold, and dispose any such drugs or substances in accordance with law: AND PROVIDED FURTHER, That duly licensed and practicing physicians, pharmacists, and second class pharmacists or persons holding and having such drugs and substances on the prescription of a duly licensed and practicing physician, may have, hold, possess, and dispose of such drugs and substances for medicinal purposes only: AND PROVIDED FURTHER, That on and after March first, nineteen hundred and eight, whenever opium, cocaine, alpha or beta eucaine, or any derivative or preparation of such drugs or substances, is found on, about, in the possession of, or under the control of, any unauthorized person, such opium, cocaine, alpha or beta eucaine, or any derivative or preparation of such drugs or substances, shall be seized and forfeited to the Insular Government.

Section 31. Any unauthorized person owning, carrying, holding, having, controlling, having possession of, or knowingly having on his premises, any opium, cocaine, alpha or beta eucaine, or any derivative or preparation of such drugs or substances, on and after March first, nineteen hundred and eight, shall be punished by a fine not exceeding ten thousand pesos, or by imprisonment for not exceeding five years or by both such fine and imprisonment, in the discretion of the court: Provided, however, That in the case of the commission of a second offense under the provisions of this section, any person so convicted, if other than a citizen of the United States or a citizen of the Philippine Islands, may, by order of the court, be deported.

Section 32. On and after March first, nineteen hundred and eight, it shall be unlawful for any person in the Philippine Islands to inhale, smoke, chew, swallow, inject, or otherwise use or permit to be used in or on his body any opium, except for medicinal purposes, and then only upon prescription of a duly licensed and practicing physician.

Any person violating any of the provisions of this section shall be punished by a fine not exceeding ten thousand pesos, or by imprisonment for not exceeding five years, or by both such fine and imprisonment, in the discretion of the court: Provided, however, That in the case of the commission of a second offense under the provisions of this section, any person so convicted, if other than a citizen of the United States or a citizen of the Philippine Islands, may, by order of the court, be deported.

Section 33. Act Numbered Fourteen hundred and sixty-one, entitled “An Act for the purpose of restricting the sale and suppressing the evil resulting from the sale and use of opium until March first, nineteen hundred and eight, when its importation or use for any but medicinal purposes is forbidden by Act of Congress,” is hereby repealed.

Section 34. The public good requiring the speedy enactment of this bill, the passage of the same is hereby expedited in accordance with section two of “An Act prescribing the order of procedure by the Commission in the enactment of laws,” passed September twenty-sixth nineteen hundred.

Section 35. This Act shall take effect on October seventeenth, nineteen hundred and seven.