Chap. 86.—An ACT to regulate and control the production, preparation, manu-
facture, possession, transportation, sale, disposition and use of coca leaves,
cocaine, opium, morphine, codeine, heroin, and any compound, manufacture,
salt, derivative, mixture and preparation thereof or of either, and substances
not chemically distinguishable from such drugs or either of them; to provide
for the issuance, suspension and revocation of licenses to produce, prepare,
manufacture, sell, dispense and otherwise handle such drugs; to prescribe
penalties for violations of this act; to repeal all acts and parts of acts in con-
flict herewith: and to provide that this act may be designated and cited as the
“Uniform Narcotic Drug Act.” [H B 94]

Approved March 5, 1934

Be it enacted by the General Assembly of Virginia as follows:

1. Definitions—The following words and phrases, as used in this
act, shall have the following meanings, unless the context otherwise
requires:

(1) “Person” includes any corporation, association, co-partnership,
or one or more individuals.

(2) “Physician” means a person authorized by law to practice medi-
cine in this State and any other person authorized by law to treat sick
and injured human beings in this State and to use narcotic drugs in
connection with such treatment.

(3) “Dentist” means a person authorized by law to practice dentistry
in this State.

(4) “Veterinarian” means a person authorized by law to practice
veterinary medicine in this State.

(5) “Manufacturer” means a person who by compounding, mixing,
cultivating, growing, or other process, produces or prepares narcotic
drugs, but does not include an apothecary who compounds narcotic drugs
to be sold or dispensed on prescriptions.

(6) “Wholesaler” means a person who supplies narcotic drugs that

he himself has not produced nor prepared, on official written orders,
but not on prescriptions.

(7) “Apothecary” means a licensed pharmacist as defined by the
laws of this State and, where the context so requires, the owner of a
store or other place of business where narcotic drugs are compounded
or dispensed by a licensed pharmacist; but nothing in this act shall be
construed as conferring on a person who is not registered nor licensed
as a pharmacist any authority, right or privilege, that is not granted to
him by the pharmacy laws of this State.

(8) “Hospital”? means an institution for the care and treatment of
the sick and injured, approved by the State Board of Pharmacy as
proper to be entrusted with the custody of narcotic drugs, and the pro-
fessional use of narcotic drugs under the direction of a physician,
dentist, or veterinarian.

(9) “Laboratory” means a laboratory approved by the State Board
of Pharmacy as proper to be entrusted with the custody of narcotic
drugs and the use of narcotic drugs for scientific and medical purposes
and for purposes of instruction.

(10) “Sale” includes barter, exchange. or offer therefor, and each
such transaction made by any person, whether as principal, proprietor,
agent, servant, or employee.

(11) “Coca leaves” includes cocaine and any compound, manu-
facture, salt, derivative, mixture, or preparation of coca leaves, except
derivatives of coca leaves which do not contain cocaine, ecgonine, or
substances from which cocaine or ecognine may be synthesized or
made.

(12) “Opium” includes morphine, codeine, and heroin, and any
compound, manufacture, salt, derivative, mixture, or preparation of
opium.

(13) “Narcotic drugs” means coca leaves and opium, and every
substance not chemically distinguishable from them.

(14) “Federal narcotic laws” means the laws of the United States
relating to opium, coca leaves, and other narcotic drugs.

(15) “Official written order” means an order written on a form
provided for that purpose by the United States Commissioner of Nar-
cotics, under any laws of the United States making provision therefor,
if such order forms are authorized and required by Federal law, and
if no such order form is provided then on an official form provided
for that purpose by the State Board of Pharmacy.

(16) “Dispense” includes distribute, leave with, give away, dispose
of, or deliver.

(17) “Registry number” means the number assigned to each person
registered under the Federal narcotic laws.

2. Acts prohibited.—It shall be unlawful for any person to manu-
facture, possess, have under his control, sell, prescribe, administer,
dispense, or compound any narcotic drug, except as authorized in this
act.

3. Manufacturers and wholesalers——No person shall manufacture,
compound, mix, cultivate, grow, or by any other process produce or
prepare narcotic drugs, and no person as a wholesaler Shall supply te
same, without having first obtained a license so to do from the State
Board of Pharmacy.

A fee of ten dollars shall be charged and collected by the State
Board of Pharmacy for each manufacturer’s and wholesaler’s license
issued under the provision of this section. The license shall be for
the calendar year, and shall be renewable on the first day of January
of each year.

4. Qualification for licenses—No license shall be issued under the
foregoing section unless and until the applicant therefor has furnished
proof satisfactory to the State Board of Pharmacy.

(a) That the applicant is of good moral character or, if the applicant
be an association or corporation, that the managing officers are of good
moral character.

(b) That the applicant is equipped as to land, buildings, and para-
phernalia properly to carry on the business described in his application.

No license shall be granted to any person who has within five years
been convicted of a wilful violation of any law of the United States,
or of any state, relating to opium, coca leaves, or other narcotic drugs,
or to any person who is a narcotic drug addict.

The State Board of Pharmacy may suspend or revoke any license
for cause.

5. Sale on written orders.

(1) A duly licensed manufacturer or wholesaler may sell and dis-
pense narcotic drugs to any of the following persons, but only on
official written orders:

(a) To a manufacturer, wholesaler, or apothecary.

(b) To a physician, dentist, or veterinarian.

(c) To a person in charge of a hospital, but only for use by or in
that hospital.

(d) Toa person in charge of a laboratory, but only for use in that
laboratory for scientific and medical purposes.

(2) A duly licensed manufacturer or wholesaler may sell narcotic
drugs to any of the following persons:

(a) On a special written order accompanied by a certificate of ex-
emption, as required by the Federal narcotic laws, to a person in the
employ of the United States Government or of any state, territorial,
district, county, municipal, or insular government, purchasing, receiving,
possessing, or dispensing narcotic drugs by reason of his official duties.

(b) To a master of a ship or a person in charge of any aircrait
upon which no physician is regularly employed, for the actual medical
needs of persons on board such ship or aircraft, when not in port.
Provided: Such narcotic drugs shall be sold to the master of such ship
or person in charge of such aircraft only in pursuance of a special
order form approved by a commissioned medical officer or acting as-
sistant surgeon of the United States Public Health Service.

(c) Toa person in a foreign country if the provisions of the Federal
narcotic laws are complied with.

(3) Use of official written orders—An official written order for any
narcotic drug shall be signed in duplicate by the person giving said
order or by his duly authorized agent. The original shall be presented
to the person who sells or dispenses the narcotic drug or drugs named
therein. In event of the acceptance of such order by said person, each
party to the transaction shall preserve his copy of such order for a
period of two years in such a way as to be readily accessible for in-
spection by any public officer or employee engaged in the enforcement
of this act. It shall be deemed a compliance with this subsection if the
parties to the transaction have complied with the Federal narcotic laws,
respecting the requirements governing the use of order forms.

(4) Possession lawful.—Possession of or control of narcotic drugs
obtained as authorized by this section shall be lawful if in the regular
course of business, occupation, profession, employment, or duty of the
possessor.

(5) A person in charge of a hospital or of a laboratory, or in the
employ of this State or of any other state, or of any political subdivision
thereof, and a master or other proper officer of a ship or aircraft, who
obtains narcotic drugs under the provisions of this section or otherwise,
shall not administer, nor dispense, nor otherwise use such drugs, within
this State, except within the scope of his employment or official duty,
and then only for scientific or medicinal purposes and subject to the
provisions of this act.

6. Sales by apothecaries.—

(1) An apothecary, in good faith, may sell and dispense narcotic
drugs to any person upon a written prescription of a physician, dentist,
or veterinarian, provided it is properly executed, dated and signed by
the person prescribing on the day when issued and bearing the full
name and address of the patient for whom, or of the owner of the
animal for which, the drug is dispensed, and the full name, address,
and registry number under the Federal narcotic laws of the person
prescribing, if he is required by those laws to be so registered. If the
prescription be for an animal, it shall state the species of animal for
which the drug is prescribed. The person filling the prescription shall
write the date of filling and his own signature on the face of the pre-
scription. The prescription shall be retained on file by the proprietor
of the pharmacy in which it is filled for a period of two years, so as
to be readily accessible for inspection by any public officer or employee
engaged in the enforcement of this act. The prescription shall not be
refilled.

(2) The legal owner of any stock of narcotic drugs in a pharmacy,
upon discontinuance of dealing in said drugs, may sell said stock to a
manufacturer, wholesaler, or apothecary, but only on an official written
order.

(3) An apothecary, only upon an official written order, may sell
to a physician, dentist, or veterinarian, in quantities not exceeding one
ounce at any one time, agueous or oleaginous solutions of which the
content of narcotic drugs does not exceed a proportion greater than
twenty per centum of the complete solution, to be used for medical
purposes.

7. Professional use of narcotic drugs.—

(1) Physicians and dentists—A phyisician or a dentist, in good
‘aith and in the course of his professional practice only, may prescribe
yn a written prescription, administer, and dispense narcotic drugs, or
1e may cause the same to be administered by a nurse or interne under
iis direction and supervision. Such a prescription shall be dated and
signed by the person prescribing on the day when issued, and shall bear
he full name and address of the patient for whom the narcotic drug is
yrescribed, and the full name, address, and registry number under the
Federal narcotic laws of the person prescribing, provided he is required
vy those laws to be so registered.

(2) Veterinarians.—A veterinarian, in good faith and in the course
of his professional practice only, and not for use by a human being,
may prescribe, on a written prescription, administer, and dispense nar-
cotic drugs, and he may cause them to be administered by an assistant
or orderly under his direction and supervision. Such a prescription shall
be dated and signed by the person prescribing on the day when issued
and shall bear the full name and address of the owner of the animal,
and the species of the animal, for which the narcotic drug is prescribed
and the full name, address and registry number, under the Federal nar-
cotic laws of the person prescribing, provided he is required by those
laws to be so registered.

8. Preparations exempted.—Except as otherwise in this act specifi-
cally provided, this act shall not apply to the following cases:

(1) Prescribing, administering, dispensing, or selling at retail of
any medicinal preparation that contains in one fluid ounce, or if a solid
or semi-solid preparation, in one avoirdupois ounce, (a) not more than
two grains of opium, (b) not more than one-quarter of a grain of mor-
phine or of any of its salts, (c) not more than one grain of codeine or
of any of its salts, (d) not more than one-eighth of a grain of heroin
or of any of its salts. |

(2) Prescribing, administering, dispensing, or selling at retail of
liniments, ointments, and other preparations, that are susceptible of
external use only and that contain narcotic drugs in such combinations
as prevent their being readily extracted from such liniments, ointments,
or preparations, except that this act shall apply to all liniments, oint-
ments, and other preparations, that contain coca leaves in any quantity
or combination.

The exemptions authorized by this section shall be subject to the
following conditions:

(a) No person shall prescribe, administer, dispense, or sell at re-
tail under the exemptions of this section, to any one person, or for the
use of any one person or animal, any preparation or preparation:
included within this section, when he knows, or can by reasonable dilt-
gence ascertain, that such prescribing, administering, dispensing, 01
selling will provide the person to whom or for whose use, or the owner!
of the animal for the use of which such preparation is prescribed, ad
ministered, dispensed, or sold, within any forty-eight consecutive hours
with more than four grains of opium, or more than one and one-hal}

grains of morphine or of any of its salts, or more than five grain:
of codeine or of any of its salts, or more than one-quarter of a grair
of heroin or of any of its salts.

(b) The medicinal preparation, or the liniment, ointment, or othes
preparation susceptible of external use only, prescribed, administered
dispensed, or sold, shall contain, in addition to the narcotic drug in it
some drug or drugs conferring upon it medicinal qualities other than
those possessed by the narcotic drug alone. Such preparation shall be
prescribed, administered, dispensed, and sold in good faith as a medi-
cine, and not for the purpose of evading the provisions of this act.

Nothing in this section shall be construed to limit the kind and
quantity of any narcotic drug that may be prescribed, administered,
dispensed, or sold, to any person or for the use of any person or animal,
when it is prescribed, administered, dispensed, or sold, in compliance
with the general provisions of this act.

9. Record to be kept—(1) Physicians, dentists, veterinarians, and
other authorized persons.——Every physician, dentist, veterinarian, or
other person who is authorized to administer or professionally use
narcotic drugs, shall keep a record of such drugs received by him, and
a record of all such drugs administered, dispensed, or professionally
used by him otherwise than by prescription. It shall, however, be
deemed a sufficient compliance with this subsection if any such person
using small quantities of solutions or other preparations of such drugs
for local application, shall keep a record of the quantity, character, and
potency of such solutions or other preparations purchased or made up
by him, and of the dates when purchased or made up, without keeping
a record of the amount of such solution or other preparation applied
by him to individual patients; provided, that no record need be kept
of narcotic drugs administered, dispensed, or professionally used in the
treatment of any one patient, when the amount administered, dis-
pensed, or professionally used for that purpose does not exceed in
any forty-eight consecutive hours, (a) four grains of opium, or (b)
one-half of a grain of morphine or of any of its salts, or (c) two
grains of codeine or any of its salts, or (d) one-fourth of a grain
of heroin or of any of its salts, or (e) a quantity of any other narcotic
drug or any combination of narcotic drugs that does not exceed in
pharmacologic potency any one of the drugs named above in the quantity
stated.

(2) Manufacturers and wholesalers——Manufacturers and whole-
salers shall keep records of all narcotic drugs compounded, mixed,
cultivated, grown, or by any other process produced or prepared, and of
all narcotic drugs received and disposed of by them, in accordance with
the provisions of subsection five of this section.

(3) Apothecaries.—Apothecaries shall keep records of all narcotic
drugs received and disposed of by them, in accordance with the pro-
visions of subsection five of this section.

(4) Vendors of exempted preparations.—Every person who pur-
chases for resale, or who sells narcotic drug preparations exempted by
section eight of this act, shall keep a record showing the quantities and

nds thereof received and sold, or disposed of otherwise, in accordance
with the provisions of subsection five of this section.

(5) Form and preservation of records-—The form of records shall
9e prescribed by the State Board of Pharmacy. The record of nar-
sotic drugs received shall in every case show the date of receipt, the
aame and address of the person from whom received, and the kind and
juantity of drugs received ; the kind and quantity of narcotic drugs pro-
Juced or removed from process of manufacture, and the date of such
production or removal from process of manufacture; and the record
shall in every case show the proportion of morphine, cocaine, or ecgo-
nine contained in or producible from crude opium or coca leaves re-
ceived or produced. The record of all narcotic drugs sold, adminis-
tered, dispensed, or otherwise disposed of, shall show the date of sell-
ing, administering, or dispensing, the name and address of the person
1o whom or for whose use, or the owner and species of animal for
which the drugs were sold, administered or dispensed, and the kind
and quantity of drugs. Every such record shall be kept for a period
of two years from the date of the transaction recorded. The keep-
ing of a record required by or under the Federal narcotic laws,
containing substantially the same information as is specified above,
shall constitute compliance with this section, except that every such
record shall contain a detailed list of narcotic drugs lost, destroyed,
or stolen, if any, the kind and quantity of such drugs, and the date
of the discovery of such loss, destruction, or theft.

10. Labels—(1) Whenever a manufacturer sells or dispenses a
narcotic drug, and whenever a wholesaler sells or dispenses a narcotic
drug in a package prepared by him, he shall securely affix to each
package in which that drug is contained a label showing in legible
English the name and address of the vendor and the quantity, kind,
and form of narcotic drug contained therein. No person, except an
apothecary for the purpose of filling a prescription under this act,
shall alter, deface, or remove any label so affixed.

(2) Whenever an apothecary sells or dispenses any narcotic drug
on a prescription issued by a physician, dentist, or veterinarian, he shall
affix to the container in which such drug is sold or dispensed, a label
showing his name, address, and registry number, or the name, address.
and registry number of the apothecary for which he is lawfully acting
the name and address of the patient or, if the patient is an animal, the
name and address of the owner of the animal and the species of the
animal: the name, address, and registry number of the physician, den-
tist, or veterinarian, by whom the prescription was written; and sucl
directions as may be stated on the prescription. No person shall alter
deface, or remove any label so affixed, so long as any of the origina
contents remain.

11. Authorized possession of narcotic drugs by individuals.—A per
son to whom or for whose use any narcotic drug has been prescribed
sold, or dispensed, by a physician, dentist, apothecary, or other persot
authorized under the provisions of section five of this act, and thi
owner of any animal for which any such drug has been prescribed
sold, or dispensed, by a veterinarian, may lawfully possess it only it
the container in which it was delivered to him by the person selling o:
dispensing the same.

12. Persons and corporations exempted.—The provisions of thi.
act restricting the possession and having control of narcotic drugs shal
not apply to common carriers or to warehousemen, while engaged it
lawfully transporting or storing such drugs, or to any employee of the
same acting within the scope of his employment; or to public officers 0:
their employees in the performance of their official duties requiring pos
session or control of narcotic drugs; or to temporary incidental posses.
sion by employees or agents of persons lawfully entitled to possession, 01
by persons whose possession is for the purpose of aiding public officers
in performing their official duties.

13. Common nuisances.—Any store, shop, warehouse, dwelling
house, building, vehicle, boat, aircraft, or any place whatever, which
is resorted to by narcotic drug addicts for the purpose of using nar-
cotic drugs or which is used for the illegal keeping or selling of the
same, shall be deemed a common nuisance. No person shall keep or
maintain such a common nuisance.

14. Narcotic drugs to be delivered to State official, et cetera.—All
narcotic drugs, the lawful possession of which is not established or the
title to which cannot be ascertained, which have come into the custody
of a peace officer, shall be forfeited, and disposed of as follows:

(a) Except as in this section otherwise provided, the court or magis-
trate having jurisdiction shall order such narcotic drugs forfeited and
destroyed. A record of the place where said drugs were seized, of the
kinds and quantities of drugs so destroyed, and of the time, place,
and manner of destruction, shall be kept, and a return under oath,
reporting said destruction, shall be made to the court or magistrate
and to the United States commissioner of narcotics, by the officer who
destroys them.

(b) Upon written application by the State Board of Pharmacy
the court or magistrate by whom the forfeiture of narcotic drugs has
been decreed may order the delivery of any of them, except heroin and
its salts and derivatives, to said State Board of Pharmacy, for distri-
bution or destruction, as hereinafter provided.

(c) Upon application by any hospital within this State, not operated
for private gain, the State Board of Pharmacy may in its discretion
deliver any narcotic drugs that have come into its custody by authority
of this section to the applicant for medicinal use. The State Board
of Pharmacy may from time to time deliver excess stocks of such
narcotic drugs to the United States commissioner of narcotics, or may
lestroy the same. |

(d) The State Board of Pharmacy shall keep a full and complete
ecord of all drugs received and of all drugs disposed of, showing the
xact kinds, quantities, and forms of such drugs; the persons from
whom received and to whom delivered; by whose authority received,
lelivered, and destroyed; and the dates of the receipt, disposal, or
lestruction, which record shall be open to inspection by ali Federal

or State officers charged with the enforcement of Federal and State
narcotic laws.

15. Notice of conviction to be sent to licensing board.—On the con-
viction of any person of the violation of any provision of this act,
a copy of the judgment and sentence, and of the opinion of the court
or magistrate, if any opinion be filed, shall be sent by the clerk of the
court, or by the magistrate, to the board or officer, if any, by whom
the convicted defendant has been licensed or registered to practice his
profession or to carry on his business. On the conviction of any such
person the court may, in its discretion, suspend or revoke the license or
registration of the convicted defendant to practice his profession or to
carry on his business. On the application of any person whose license
or registration has been suspended or revoked, and upon proper show-
ing and for good cause, said board or officer may reinstate such license
or registration.

16. Records confidential—Prescriptions, orders, and records, re-
quired by this act, and stocks of narcotic drugs, shall be open for
inspection only to Federal, State, county, and municipal officers, whose
duty it is to enforce the laws of this State or of the United States
relating to narcotic drugs. No officer having knowledge by virtue of
his office of any such prescription, order or record shall divulge such
knowledge, except in connection with a prosecution or proceeding in
court or before a licensing or registration board or officer, to which
prosecution or proceeding the person to whom such prescriptions,
orders, or records relate 1s a party.

17. Fraud or deceit——(1) No person shall obtain or attempt to
obtain a narcotic drug, or procure or attempt to procure the adminis-
tration of a narcotic drug, (a) by fraud, deceit, misrepresentation, or
subterfuge; or (b) by the forgery or alteration of a prescription or
of any written order; or (c) by the concealment of a material fact;
or (d) by the use of a false name or the giving of a false address.

(2) Information communicated to a physician in an effort un-
lawfully to procure a narcotic drug, or unlawfully to procure the
administration of any such drug, shall not be deemed a privileged
communication.

(3) No person shall wilfully make a false statement in any pre-
scription, order, report, or record, required by this act.

(4) No person shall, for the purpose of obtaining a narcotic drug,
falsely assume the title of, or represent himself to be, a manufacturer,
wholesaler, apothecary, physician, dentist, veterinarian, or other author-
ized person.

(5) No person shall make or utter any false or forged prescrip-
tion or false or forged written order.

(6) No person shall affix any false or forged label to a package
or receptacle containing narcotic drugs.

(7) The provisions of this section shall apply to all transactions
relating to narcotic drugs under the provisions of section eight of this
act, in the same way as they apply to transactions under all other
sections.
18. Exceptions and exemptions not required to be negatived—In
any complaint, information, or indictment, and in any action or pro-
ceeding brought for the enforcement of any provision of this act,
it shall not be necessary to negative any exception, excuse, proviso,
or exemption, contained in this act, and the burden of proof of any
such exception, excuse, proviso, or exemption, shall be upon the de-
fendant.

19. Enforcement and co-operation.—It is hereby made the duty of
the State Board of Pharmacy, its officers, agents, inspectors, and rep-
resentatives, and of all peace officers within the State, and of all
attorneys of the Commonwealth, to enforce all provisions of this act,
except those specifically delegated, and to co-operate with all agencies
charged with the enforcement of the laws of the United States, of
this State, and of all other states, relating to narcotic drugs.

20. Penalties—Any person violating any provision of this act shall
upon conviction be punished, for the first offense, by a fine not ex-
ceeding one hundred dollars, or by imprisonment in jail for not ex-
ceeding one year, or by both such fine and imprisonment; and for any
subsequent offense, by a fine not exceeding one thousand dollars, or by
imprisonment for not exceeding five years in the penitentiary, or by
both such fine and imprisonment.

21. Effect of acquittal or conviction under Federal narcotic laws.—
No person shall be prosecuted for a violation of any provision of this
act 1f such person has been acquitted or convicted under the Federal
narcotic laws of the same act or omission which, it is alleged, consti-
tuted a violation of this act.

22. Constitutionality—If any provision of this act or the application
thereof to any person or circumstances is held invalid, such invalidity
shall not affect other provisions or applications of the act which can be
given effect without the invalid provision or application, and to this
end the provisions of this act are declared to be severable.

23. Interpretation—This act shall be so interpreted and construed
as to effectuate its general purpose, to make uniform the laws of those
states which enact it.

24. Inconsistent laws repealed.—All acts or parts of acts which are
inconsistent with the provisions of this act are hereby repealed.

25. Name of act.—This act may be designated and cited as the
“Uniform Narcotic Drug Act.”