ARTICLE LV. MOTOR VEHICLES. 1546. Penalty. 1544 Removing or Defacing Number. 1545. Unlawful to Purchase Without 1547. Defacing or Usbr; Motor Vehicle. Number. 1548. Penalty. 1544. Removing-Defacing-Number-It shall be unlawful for any person, firm or corporation to remove, deface. cover, alter or destroy, or cause same to be done, for the purpose of concealment or misrepresenting the identity thereof, the manufacturer's serial number, or any other distinguishing number or identification mark on any motor vehicle. (S. L. 1917, 372) 1545. Unlawful to Purchase Without Number-It shall be unlawful for any person, firm or corporation to knowingly buy, sell, receive, dispose of, conceal, or to have in his possession any motor vehicle from which the manufacturer's serial, or any other distinguishing number or identification mark has been removed, defaced, covered, altered, or destroyed for the purpose of concealment or misrepresenting the identity of said motor vehicle. (S. L. 1917, 373) 1546. Penalty-Any person, firm, or corporation who violates any of the provisions of this act shall be fined not more than $200, or imprisoned not more than six mnths, or both such fine and imprisonment. (S. L. 1917, 373) 1547. Defacing or Using Motor Vehicle-From and after the passage of this act, it shall be unlawful for any person or persons to loiter in or upon any automobile or motor vehicle, or to deface or injure such automobile or motor vehicle, or to molest, drive, or attempt to drive any automobile for joy riding or other purpose, or to manipulate or meddle with any machinery or appliance thereof, without the consent of the owner of such automobile or motor vehicle. (S. L. 1917, 239) 1548. Penalty-Any person violating section 1547 of this act shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not less than $5 and not more than $100. (S. L. 1917, 239) 1549. Narcotic Drugs Defined-As used in this act, the term "narcotic drugs" shall be construed to mean and comprehend opium or coca leaves or any compound manufacture, salt, derivative, or preparation thereof, including paregoric, except preparations and remedies which do not contain more than two grains of opium, or more than one-fourth of a grain of morphine, or more than one-eighth of a grain of heroin, or more than one grain of codeine, or any salt derivative of any of them, in one fluid ounce, or, if a solid or semi-solid preparation, in one avoirdupois ounce, and except lináments, ointments or other preparations which are prepared for external use only, other than linaments, ointments or other preparations which contain cocaine or any of its salts or alpha or beta cocaine or any of their salts or any synthetic substitute for them; and except decocanized coca leaves or preparations made therefrom, or other preparations of coca leaves which do not contain cocaine: Provided, that such excepted remedies and preparations are sold, distributed, given away, dispensed or possessed as medicines and not for the purpose of evading the intentions or provisions of this act. (S. L. 1919, 95) 1550. Sale, Use, Transportation, Etc.-It shall be unlawful for any person, firm, or corporation, or any employee of any person, firm, or corporation to sell, give away, dispense, manufacture, produce, deal in, administer, or distribute, or to receive, conceal, buy, or in any manner facilitate the transportation, concealment, or sale of, or distribution, of any of the aforesaid narcotic drugs, except such persons, firms or corporations as shall be licensed or authorized so to do as provided by an act of Congress of the United States of America of December 17, 1914, and except as otherwise provided or permitted by this act. (S. L. 1919, 95) 1551. Prima Facie Evidence-It shall be prima facie evidence of the violation of this act for any person other than a registered pharmacist, physician, dentist, or veterinary surgeon, regularly licensed and in actual practice of his or her profession as such, to have in his or her possession any form or blank issued by the Commissioner of Internal Revenue of the United States, pursuant to section 2 of said Act of Congress of the United States of America, of December 17, 1914, purporting to authorize the purchase or otherwise acquiring of such narcotic drugs; and it shall be further prima facie evidence of the violation of this act for any person to be registered with the Collector of Internal Revenue, as provided by section 1 of said Act of Congress, of December 17, 1914, unless and except such person so registered shall be a pharmacist regularly and duly licensed by the State Board of Pharmacy, wholesale druggist, licensed physician, dentist, or veterinary surgeon. (S. L. 1919, 95) 1552. Possession of-It shall also be unlawful for any person who shall not be so registered as provided by the said Act of Congress, and who shall not, also, be a regularly licensed pharmacist, as aforesaid, or who shall not be a regularly licensed and actually practicing physician, dentist, or veterinary surgeon, or who shall not be a railroad or express company which shall have made, for the preceding year to the Corporation Commission of the State the report required by law to be made to such commission annually by transportation companies, to have in his or her possession or under his or her control, or to have concealed in or about premises in his or her possession or under his or her control, any quantity whatsoever of the aforesaid narcotic drugs other or more than one dose of such narcotic drugs, acquired and procured upon the prescriptions of a regularly licensed and actively practicing physician, dentist, or veterinary surgeon, for legitimate medicinal use. It shall also be unlawful for any such registered pharmacist to sell, give away or otherwise furnish or deliver to any person any of such narcotic drugs except and unless upon the bona fide prescription of an actively practicing, duly licensed physician, dentist, veterinary surgeon, or except actively practicing, duly licensed physician, dentist, veterinary surgeon, or registered pharmacist, upon the order forms supplied by the United States Internal Revenue Collector, any quantity whatsoever of such narcotic drug. (S. L. 1919, 96) 1553.-Filling Prescriptions-Nor shall such pharmacist sell upon any one such prescription an amount or quantity of such narcotic drugs in excess of an amount or quantity thereof, indicated by the prescribed dosage sufficient, under the proper and customary practice, for forty-eight hours treatment. Nor shall such pharmacist, whether wholesaler or retailer, sell or furnish to any such physician, dentist, or veterinary surgeon, upon any one such order from an amount in excess in the aggregate of thirty-two grains of such narcotic drug and their salts or derivatives; nor shall any such physician, dentist or veterinary surgeon have in his possession at any one time any quantity of such narcotic drugs in excess in the aggregate of thirty-two grains of such narcotic drug, or their salts or derivatives. Provided, that nothing in this act shall prevent a physician engaged in administering treatment for the relief from the narcotic habit, from acquiring such quantity of such drug for administration as may be required in the usual course of treatment therefor. Provided, however, that any quantity other than those above provided which is designated for such habitual user shall be so stated on the prescription or order form. (S. L. 1919, 96) 1554. Unlawful to Transport-It shall also be unlawful for any person to transport, carry or take from one point within the State to another point within the State, of however short distance, any of the aforesaid narcotic drugs, unless such person shall be a transportation company, as defined by the Constitution of the State, which has made to the Corporation Commission of the State of Oklahoma for the preceding year the report required by law to be made by transportation companies to such Commission, or an agent, servant or employee of such transportation company bona fidely employed by such transportation company in carrying such narcotic drugs in the performance of the duties of such transportation company as a common carrier. (S. L. 1919, 96) 1555. Prescriptions-It shall also be unlawful for any physician, dentist or veterinary surgeon to prescribe or administer, in any form whatsoever, any of the said narcotic drugs to any person addicted to the habit of using such narcotic drugs, or to habitually prescribe or administer, in any form whatsoever, any of said narcotic drugs to any person, unless and except in those cases and instances in which, according to the recognized practice of the medical profession, it shall be necessary to administer the same in the treatment of such narcotic habit for the reformation and relief of the patient from such habit; provided, further, that it shall not be necessary to negative any of the aforesaid exceptions in any complaint, information, or indictment, or any writ of proceeding laid or brought under this act; and the burden of proof of any such exemption or exception shall be upon the defendant. (S. L. 1919, 97) 1556. Confiscation of-Any such narcotic drugs found or discovered to be held or possessed by any person, firm or corporation except as permitted by this act shall be confiscated and delivered by the person or officer finding or discovering the same to the hospital of the medical department of the University of Oklahoma. (S. L. 1919, 97) 1557. Penalty-Any person who violates any of the requirements or provisions of this act shall, upon conviction, be deemed guilty of a felony and be fined not less than $500 nor more than $5,000, and shall be imprisoned not less than one year nor more than seven years, or both, and, additionally, if a physician, dentist, veterinary surgeon, or pharmacist, shall be convicted of violating any or either of the provisions of this act relating to persons engaged in such occupation or professions, respectively, such conviction shall automatically work a permanent forfeiture of the license of such person to practice or engage in such profession. (S. L. 1919, 97) Original sections are subdivided when deemed necessary for con venience. |