CHAPTER 535

AN ACT to amend and reenact § 54-516, as amended, of the Code of Vir-
ginia, relating to penalties for violations of the Uniform Narcotic
Drug Act.

{H 729]

Approved March 29, 1958

Be it enacted by the General Assembly of Virginia:
1. That § 54-516, as amended, of the Code of Virginia, be amended and
reenacted as follows:
§ 54-516. Any person violating any provision of this article shall upon
conviction be punished, for the first offense, by a fine of not more than one
thousand dollars and be imprisoned in the penitentiary not less than three
nor more than five years. For a second violation of this article, or where
in case of a first conviction of violation of this article, the defendant shall
previously have been convicted of a violation of any law of the United
States, or of this or any other state, territory, or district, relating to the
sale or use or possession of narcotic drugs or marijuana, and such vio-
lation would have been punishable in this State if the offending act had
been committed in this State, the defendant shall be fined not more than
two thousand dollars and be imprisoned not less than five nor more than
ten years. For a third or subsequent violation of this article, or where the
defendant shall previously have been convicted two or more times in the
aggregate of a violation of any law of the United States, or of this or any
other state, territory, or district, relating to the sale, use or possession of
narcotic drugs or marijuana, and such violation would have been punish-
able in this State if the offending act had been committed in this State,
the defendant shall be fined not more than three thousand dollars, and be
imprisoned in the penitentiary not less than ten nor more than twenty
years.

If, however, such offense shall consist of sale, barter, peddling, ex-
change, dispensing or supplying marijuana or a narcotic drug to a minor,
in violation of any provision of this article, said offense shall be deemed
a felony, and any person found guilty thereof shall be imprisoned for a
term of not less than ten years nor more than thirty years, and shall be
subject to a fine as provided for hereinabove in this section; in the event
of : hin the imposition or execution of sentence shall not be sus-
pended.

Provided, further, that if the violation of the provisions of this article
consists of the filling by an apothecary of the prescription of a person
authorized under this article to issue the same, which prescription has not
been received in writing by the apothecary prior to the filling thereof, and
such written prescription is in fact received by the apothecary within one
week of the time of filling the same, or if such violation consists of a re-
quest by such authorized person for the filling by an apothecary of a pre-
scription which has not been received in writing by the apothecary and such
prescription is, in fact, written at the time of such request and delivered
to the apothecary within one week thereof, either such offense shall consti-
tute a misdemeanor and be punishable only by a fine not in excess of one
hundred dollars.

Provided, further, that if the offense consists of the possession of
illegally acquired narcotic drugs in any quantity greater than twenty-five
grains, if in solid form, or eight ounces, if in liquid form, of any opiate or
narcotic drug, any person found guilty thereof shall be fined not more than
five thousand dollars and imprisoned not less than twenty nor more than
forty years.