|
CRIMES AND PUNISHMENTS 1199
1935, ch. 59, sec. 285T.
350. In any complaint, information, or indictment, and in any ac-
tion or proceeding brought for the enforcement of any provision of this
sub-title, it shall not be necessary to negative any exception, excuse, proviso,
or exemption, contained in this sub-title, and the burden of proof of any
such exception, excuse, proviso, or exemption, shall be upon the defendant.
1935, ch. 59, sec. 285U.
351. It is hereby made the duty of the State Department of Health,
its officers, agents, inspectors and representatives, and of all peace officers
within the State, and of all State's Attorneys, to enforce all provisions of
this sub-title, 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.
In all prosecutions under this sub-title, the provisions of Section 5
of Article 35 of the Code of Public General Laws shall not apply.
1935, ch. 59, sec. 285V.
352. Any person violating any provision of this sub-title shall, upon
conviction, be punished for the first offense by a fine not exceeding one
thousand dollars ($1,000.00) or by imprisonment for not exceeding three
years, or both; and for any subsequent offense by a fine not exceeding
three thousand dollars ($3,000.00.) or by imprisonment for not exceeding
five years, or both.
1935, oh. 59, sec. 285W.
353. No person shall be prosecuted for a violation of any provision
of this sub-title if such person has been acquitted or convicted under the
Federal narcotic laws of the same act or commission, which, it is alleged,
constitutes a violation of this sub-title.
1935, ch. 59, sec. 285X.
354. If any provision of this sub-title or, the application thereof to
any person or circumstances is held invalid, such invalidity shall not affect
other provisions or applications of the sub-title which can be given effect
without the invalid provision or application, and to this end the provisions
of this sub-title are declared to be severable.
1935, ch. 59, sec. 285Y.
355. This sub-title shall be so interpreted and construed as to effec-
tuate its general purpose and to make uniform the laws of those States
which enact it.
1935, ch. 59, sec. 285Z.
356. This sub-title may be cited as the uniform narcotic drug act.1
Secs. 328-356 cited in construing Art. 35, Sec. 5. U. S. v. Sam Chin, 24 F. Supp. 14.
An. Code, 1924, sec. 286. 1912, sec. 254. 1904, sec. 237. 1904, ch. 607, secs. 1-3. 1906,
ch. 523. 1912, ch. 473. 1922, ch. 495, sec. 254.
357. It shall be the duty under this Act of all judges of courts having
criminal jurisdiction in this State at every regular term thereof to charge
1 Sec. 2, ch. 59, acts of 1935, repealed all laws inconsistent therewith.
|
 |