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Section 1. That it shall be unlawful for any person, firm or corporation to sell furnish or give away any cocaine, alpha or beta eucaine, opium, morphine, heroin, chloral hydrate or any salt or compound of any of the foregoing substances, or any preparation or compound containing any of the foregoing substances, or their salts or compounds, except upon the original written order or prescription of a lawfully authorized practitioner of medicine, dentistry or veterinary medicine, which order or prescription shall be dated and shall contain the name of the person for whom prescribed, or if ordered by a practitioner of veterinary medicine shall state the kind of animal for which ordered, and shall be signed by the person giving the prescription or order. Such written order or prescription shall be permanently retained on file by the person, firm or corporation who shall compound or dispense the articles ordered or prescribed, and it shall not be again compounded or dispensed, except upon the written order of the original prescriber for each and every subsequent compounding or dispensing. No copy or duplicate of such written order or prescription shall be made or delivered to any person, but the original shall at all times be open to inspection by the prescriber and properly authorized officers of the law.

Provided, however, that the above provisions shall not apply to preparations containing not more than two grains of opium, or not more than one-fourth grain of morphine, or not more than one-fourth grain of heroin, or not more than one-eighth grain of cocaine, or not more than one-eighth grain of alpha or beta eucaine, or not more than ten grains of chloral hydrate, in one fluid-ounce, or if a solid preparation in one avoirdupois ounce. Provided also that the above provisions shall not apply to preparations containing opium and recommended and sold in good faith for diarrhoea and cholera, each bottle or package of which is accompanied by specific directions for use, and a caution against habitual use, nor to powder of ipecac and opium commonly known as Dover's Powder, nor to liniments or ointments when plainly labeled "for external use only.' And provided further that the above provisions shall not apply to sales at wholesale by jobbers, wholesalers and manufacturers to retail druggists or qualified physicians, or to each other, nor to sales at retail by druggists to regular practitioners of medicine, dentistry or veterinary medicine, nor to sales made to manufacturers of proprietary or pharmaceutical preparations for use in the manufacture of such preparations, nor to sales to hospitals, colleges, scientific or public institutions. Sec. 2. It shall be unlawful for any practitioner of medicine, dentistry or veterinary medicine to furnish to or to prescribe for the use of any habitual user of the same any cocaine, heroin, alpha or beta eucaine, opium, morphine, chloral hydrate, or any salt or compound of any of the foregoing substances, or any preparations containing any of the foregoing substances or their salts or compounds. And it shall also be unlawful for any practitioner of dentistry to prescribe any of the foregoing substances for any person not under his treatment in the regular practice of his profession, or for any practitioner of veterinary medicine to prescribe any of the foregoing substances for the use of any human being.

Provided, however, that the provisions of this section shall not be construed to prevent any lawfully authorized practitioner of medicine from furnishing or prescribing in good faith for the use of any habitual user of narcotic drugs who is under his professional care such substances as he mav deem necessary for their treatment, when such prescriptions are not given or substances furnished for the purpose of evading the provisions of this act.

Sec. 3.

Any person who shall violate any of the provisions of this act shall be deemed guilty of a misdemeanor, and upon conviction for the first offense shall be fined not less than $25.00 nor more than $50.00 and upon conviction for a second offense shall be fined not less than $50.00 nor more than $100.00, and upon conviction for a subsequent offense shall be fined not less than $100.00 nor more than $200.00, and shall be imprisoned in the county jail for not more than six months, and if a licensed pharmacist, physician, dentist or veterinary surgeon, his license shall be revoked. It shall be the duty under this act of all judges of the courts of common pleas in this state at every regular term thereof, to charge all regularly impaneled grand juries to diligently inquire into and investigate all cases of the violation of the provisions of this act and to make a true presentment of all persons guilty of such violations. It shall be the duty of the Board of Pharmacy to cause the prosecution of all persons violating the provisions of this act. No prosecution shall be brought for the sale of any patent or proprietary medicine containing any of the drugs or preparations hereinbefore mentioned until the Board of Pharmacy shall certify that such medicine contains any of the said drugs or preparations in excess of the maximum percentages hereinbefore mentioned.

Sec. 4. In any proceedings under the provisions of this act the charge may be brought against any or all of the members of a partnership, or against the directors or executive officers of a corporation, or against the agent of any person, parnership or corporation.

Sec. 5. All laws and parts of laws in conflict with this act are hereby repealed.
Sec. 6. This act shall take effect and be in force from and after the......

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This book is a preservation photocopy. It is made in compliance with copyright law and produced on acid-free archival 60# book weight paper

which meets the requirements of

ANSINISO Z39.48-1992 (permanence of paper)

Preservation photocopying and binding
by

Acme Bookbinding

Charlestown, Massachusetts

E

2000

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