Pennsylvania Act 1909-270 — COCAINE, SALE AND POSSESSION REGULATED

Act text

COCAINE, SALE AND POSSESSION REGULATED
                  Act of May 8, 1909, P.L. 487, No. 270               Cl. 35
                                  AN ACT

     Regulating the sale, prescription, and possession of cocaine,
        its salts, derivatives, or compounds; alpha or beta eucaine,
        their salts, derivatives, or compounds; or any substance or
        preparation containing cocaine, its salts, derivatives, or
        compounds, or alpha or beta eucaine, their salts,
        derivatives, or compounds; and prescribing penalties for
        violation thereof.

        Section 1.  Be it enacted, &c., That no person shall sell,
     furnish, or give away cocaine, or its salts, derivatives or
     compounds; or alpha or beta eucaine, or their salts, derivatives
     or compounds; or any substance or preparation containing
     cocaine, its salts, derivatives, or compounds, or alpha or beta
     eucaine, their salts, derivatives, or compounds, except upon the
     prescription of a duly registered, practicing physician, or of a
     dentist, or of a veterinarian, which prescription shall be
     filled but once, and of which no copy shall be taken by any one,
     and which shall be retained and kept on file by the dispenser
     thereof for a period of at least five years; nor shall any
     physician, dentist, or veterinarian prescribe, sell, or give
     away any cocaine, or its salts, derivatives, or compounds, or
     any alpha or beta eucaine or their salts, derivatives, or
     compounds, to any person known to such physician, dentist, or
     veterinarian to be an habitual user of those drugs.
        Provided, That the provisions of this act shall not apply to
     persons engaged in the wholesale drug trade, regularly selling
     cocaine, its salts, derivatives, or compounds, or alpha or beta
     eucaine, their salts, derivatives, or compounds, to persons
     engaged in the retail drug trade, under the following
     conditions: That the wholesale dealer shall affix or cause to be
     affixed to the bottle, box, vessel, or package containing the
     article sold, and upon the outside wrapper of the package as
     originally put up, a label distinctly displaying the name and
     quantity of cocaine or its salts, alpha or beta eucaine, or
     their salts, sold, and the word "poison," with the name and
     place of business of the seller--all printed in red ink: And
     provided also, That the wholesale dealer shall, before
     delivering any of the articles, make or cause to be made, in a
     book kept for the purpose, an entry of the sale thereof, stating
     the date of sale, the quantity, name, and form in which sold,
     the name and address of the purchaser, and the name of the
     person by whom the entry is made,--and the said book shall be
     always open for inspection by the proper authorities, and shall
     be preserved for at least five years after the date of the last
     entry made therein: And provided also, That any manufacturer may
     sell to another manufacturer of the same article or to a
     wholesale dealer in drugs, or a wholesale dealer in drugs may
     sell to a manufacturer of the same article or to another
     wholesale dealer in drugs, alkaloid cocaine, or its salts,
     derivatives, or compounds, or alpha or beta eucaine, or their
     salts, derivatives, or compounds, or any substance or
     preparation containing cocaine, its salts, derivatives or
     compounds, alpha or beta eucaine, their salts, derivatives, or
     compounds, in their original package. Such package shall be
     labeled as herein provided, and shall be securely sealed. Each
     manufacturer and each wholesale dealer in drugs shall, before
     the delivery or at the time of the receipt, as the case may be,
     of any such drug, enter or cause to be entered in a book to be
     kept by them respectively for that purpose, a record of the
     purchase and sale of such drug, stating the date of purchase and
     the name and address of the person to whom sold, the quantity,
     name, and form in which sold, and a description of the package
     or container in which sold, and how sealed, and there shall also
     be entered in such book, at the place of such record, a
     statement that such drug was sold or purchased, as the case may
     be, in the original package, that the seals thereon were
     undamaged and unbroken, and the labels were attached thereto as
     herein provided and were not in any manner defaced or damaged,
     which statement shall be signed by the person selling such drug,
     in the book herein required to be kept by him. Each manufacturer
     and each wholesale dealer shall also file, as a part of this
     record, all orders for cocaine, its salts, derivatives, or
     compounds, or alpha or beta eucaine, their salts, derivatives,
     or compounds; or any substance or preparation containing its
     salts, derivatives, or compounds; alpha or beta eucaine, their
     salts, derivatives, or compounds, from other dealers.
        And further, it shall be the duty of all wholesale dealers to
     make quarterly reports of their sales to other dealers,
     wholesalers or retailers, of cocaine or its salts, derivatives,
     or compounds, or any substance or preparation containing
     cocaine, its salts, derivatives or compounds, alpha or beta
     eucaine, their salts, derivatives, or compounds, to the State
     Pharmaceutical Examining Board, upon blanks to be provided for
     this purpose by the said Board.
        Section 2.  Any person violating any of the provisions of
     this act shall be sentenced to pay a fine of not more than five
     hundred dollars, and undergo an imprisonment of not more than
     two years, or both, or either, at the discretion of the court.
        Section 3.  That if any person--not being a practicing
     physician, dentist, or veterinarian, or manufacturer, or
     wholesale or retail dealer in drugs--shall have in his or her
     possession any cocaine, alpha or beta eucaine, or their salts,
     or any patent or proprietary remedies containing the same,
     except by reason of a prescription of a practicing physician,
     dentist, or veterinarian, he shall be guilty of a misdemeanor,
     and, upon conviction thereof, be sentenced to pay a fine of not
     more than one hundred dollars, and undergo an imprisonment of
     not more than six months, or both or either, at the discretion
     of the court.
        Section 4.  That the enforcement of this act shall be
     entrusted to the State Pharmaceutical Examining Board, appointed
     under the act of May twenty-fourth, one thousand eight hundred
     and eighty-seven, who shall appoint to carry out the provisions
     of this act an executive secretary, and shall also have power to
     employ such agents, chemists, and assistants as may be necessary
     for this purpose.
        Section 5.  That "An act regulating the sale or prescription
     of cocaine, or any patent or proprietary remedy containing
     cocaine, and prescribing penalties for the violation thereof,"
     approved the twenty-second day of April, one thousand nine
     hundred and three (Pamphlet Laws), is hereby repealed.