the possession within this State, of 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 or derivative of any of them in one fluid ounce; or if a solid or semi-solid preparation, in one avoirdupois ounce; or to liniments, ointments, or other preparations which are prepared for external use only, except liniments, ointments and other preparations, which contain cocaine, or any of its salts, or alpha or beta eucaine, or any of their salts, or any synthetic substitute for them; Provided, That such remedies are sold, distributed, given away, dispensed, or possessed as medicines and not for the purpose of evading the intendment and provisions of this act. The provisions of this act shall not apply to decocainized coca leaves or preparations made therefrom, or to other preparations of coca leaves which do not contain cocaine. (Laws 1919, p. 400, §2.)

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SEC. 4617. That, except as provided in the preceding sections of this act, it shall be unlawful for any person to sell, barter, exchange, distribute, give away or in any manner dispose of, within this state, the drugs mentioned in this act, except in pursuance of a written order, in the form defined in this section, of the person to whom any such drug is sold, bartered, exchanged, distributed, given away or in any manner disposed of. Every person who shall accept any such order, and in pursuance thereof shall sell, barter, exchange, distribute, give away or in any manner dispose of any of the aforesaid drugs, shall preserve such order for a period of two years in such a way as to be readily accessible to inspection by the officers, agents, employees and officials mentioned in section eight of this act. Every person who shall give an order, as in this section provided, to any other person for any of the aforesaid drugs, shall, at or before the time of giving such order, make or cause to be made a duplicate thereof, in the form defined in this section, and in case of the acceptance of such order, shall preserve such duplicate for said period of two years in such a way as to be readily accessible to inspection by the officers, agents, employees and officials mentioned in section eight of this act. The official order forms and the duplicate copies thereof issued by the Commissioner of Internal Revenue of the United States Treasury Department under the Act of Congress approved December 17, 1914, entitled "An Act to provide for the registration of, with collectors of internal revenue, and to impose a special tax upon all persons who produce, import, manufacture, compound, deal in, dispense, sell, distribute, or give away opium or coca leaves, their salts,

derivatives, or preparations, and for other purposes," shall be the official order forms and duplicate copies thereof required by this section. It shall be unlawful for any person to obtain by means of said order forms, any of the aforesaid drugs for any purpose other than the use, sale or distribution thereof by him in the conduct of a lawful business in said drugs or in the legitimate practice of his profession, pursuant to the intendment of this act. The provisions of this section requiring official order forms shall not apply

(a) To the sale, exportation, shipment or delivery of any of the aforesaid drugs by any person within this state to any person in any foreign country, regulating their entry in accordance with such regulations for importation thereof into such foreign country as are prescribed by the said country pursuant to such regulations as are promulgated from time to time by the Secretary of State of the United States.

(b) To the sale, barter, exchange, or giving away of any of the aforesaid drugs to any officer of the United States Government or of any state, territorial, district, county, or municipal or insular government lawfully engaged in making purchases thereof for the various departments of the Army, and Navy, the Public Health Service, and the Government, State, territorial, district, county, or municipal or insular hospitals or prisons. (L. 1915, p. 211, §6.)

SEC. 4618. Record of Receipts: That any person who produces, manufactures, compounds, deals in, dispenses, sells, distributes, gives away, or in any manner disposes of, within this state, any of the drugs mentioned in this act, shall, whenever required so to do by the Department of Health of this State, render to said department a true and correct statement or return, verified by affidavit, setting forth the quantity of the aforesaid drugs received by him in this state during such period immediately preceding the demand of the said department not exceeding three months, as the said department may fix and determine; the names of the persons from whom said drugs were received, the quantity in each instance received from each of such persons and the date when received. (L. 1915, p. 212, §7.)

SEC. 4619. Inspection of Records: That the order forms and duplicate copies thereof, the prescriptions, and other records required to be preserved under the provisions of sections three, five and six of this act and the statements or returns filed with the Department of Health under the provisions of section seven of this act, shall be open to inspection by the Department of Health through its duly authorized officers, agents and employees, and by such officers,

agents or employees of any organized municipality within this state as shall be duly charged with the enforcement of any municipal ordinance or provisions regulating the sale, prescribing, dispensing, dealing in, or distribution of the drugs mentioned in this act, and, also, by the officers, agents and employees of the United States Treasury Department duly authorized to make similar inspections under the Act of Congress approved December 17, 1914, hereinbefore mentioned. Any such officer, agent or employee who shall disclose or use the information contained in said statements or returns, or in said order forms or duplicate copies thereof, or in the other records mentioned in this section, except as herein expressly provided, and except for the purpose of enforcing the provisions of this Act or the Act of Congress approved December 17, 1914, hereinbefore mentioned, and except for the purpose of enforcing any ordinance of any organized municipality within this state, regulating the sale, prescribing, dispensing, dealing in, or distribution of the aforesaid drugs, and except in the public interest, unless directed by a court, shall, on conviction, be fined or imprisoned as provided by section 23 of this act. (L. '15, p. 213, §8.)

SEC. 4629. Rules: That the rules and regulations made by the Commissioner of Internal Revenue with the approval of the Secretary of the Treasury for carrying into effect the Act of Congress approved December 17, 1914, hereinbefore mentioned, shall, so far as applicable, be adopted for the enforcement of this act. (L. '15, p. 219, §18.)

SEC. 4632. Enforcement: That the State Board of Health shall be charged with the duty of enforcing all of the provisions of this act, and in so doing shall work in conjunction with the district attorneys, health commissioners, sheriffs, and other peace and health officers of the state, and officers of the United States Revenue Department. (L. '15, p. 219, §21).

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SEC. 4634. Penalties: Any person, agent, employee, representative, manager, proprietor, pharmacist, physician, the member or members of any association, the officer or officers of any corporation, or any other person who shall violate any of the provisions of this act, and any person, association or corporation, whose officer, agent, employee, representative. or servant shall violate any of the provisions of this act, shall for the first offense be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than $100.00 nor more than $300.00 or by imprisonment

in the county jail not less than thirty days nor more than six months, or both such fine and imprisonment, in the discretion of the justice or court. Every second and subsequent offense, committed within five years of the first, by any of the persons herein designated, shall be deemed a felony, and upon conviction thereof, he shall be imprisoned in the state penitentiary, at hard labor, not less than one year and not more than three years, and if a corporation be so convicted, a second or subsequent time, it shall be fined in a sum of not less than one thousand nor more than five thousand dollars; and the license of any physician to practice medicine or the permit of any person to purchase or sell any of the drugs mentioned in this act so convicted a second or subsequent time shall be forfeited, and none shall thereafter be granted such person within a period of five years following such second or subsequent conviction. A certified copy of the entry or judgment, or other proper court record, showing the former conviction of the defendant, from any justice, county or district court within this state, shall be conclusive proof of a former conviction. (L. '15, p. 219, §23.)

PHARMACY LAW
CHAPTER 83,

Compiled Laws of 1921.

SEC. 4593. Any proprietor of a pharmacy or other person who shall permit the compounding or dispensing of physicians' prescriptions or the vending of drugs, medicines or pharmacal preparations in his or her store or place of business, except by a registered pharmacist or pharmacists within the meaning of this act, or by a registered apprentice under the supervision of a registered pharmacist, or who shall fail or neglect to procure his or her annual registration; or any person who shall make any false representation to procure for himself, or for another, registration under this act, shall be deemed guilty of a misdemeanor; Provided, That nothing herein contained shall interfere with the business of those merchants who keep or sell such poisons, acids or chemicals as are regularly used in agriculture, mining and the arts, when kept and sold for such purposes only, in sealed and plainly labeled packages. Provided, also, That nothing in this act shall in any manner interfere with the business of a physician in regular practice to prevent him from supplying to his or her patients such articles as may to him seem proper; nor with the marketing or vending of any proprietary or patent medicine, nor with the exclusive wholesale business of any store, except as hereinbefore provided. Provided, further, That nothing in this act shall in any manner interfere with the business of merchants in towns having less than five hundred

(500) inhabitants, in which there is no licensed pharmacy, to sell or vend such medicines, compounds or chemicals as are required by the general public. (L. '07, p. 581, §14; R. S. '08, §4909.)

SEC. 4594. The proprietors of establishments other than pharmacies and where physicians' prescriptions are not dispensed, as well as itinerant vendors of merchandise, shall not be permitted to sell or give away or keep on sale any of the drugs mentioned or included in schedules A and B of this act, or any patented or proprietary preparation for medical, dietetic or toilet purposes, known to contain in large or small proportions any such ingredients. It shall be the duty of the board, when called upon, to furnish dealers with a list of such articles, preparations and compounds, the sale of which is prohibited or regulated by this section. Any persons who shall make any false representation about the character or composition of any preparation or compound, with the object of deceiving the officers of the state or defeating the purposes of this act, shall be deemed guilty of a misdemeanor. (L. '07, p. 581, §15; R. S. '08, §4910.)

SEC. 4598. Every person who shall dispose of or sell at retail or furnish any poisons included under schedule A shall, before delivering same, make or cause to be made, an entry in a book kept for the purpose, to be furnished by the State Board of Pharmacy, stating the date of sale, the name and address of the purchaser, the name and quantity of poison, the purpose for which it is represented by the purchaser to be required, and the name of the dispenser, such book to be always open for inspection by the proper authorities and to be preserved for at least five years after the last entry. He shall not deliver any of said poisons without satisfying himself that the purchaser is aware of its poisonous character, and the said poison is to be used for legitimate purpose. This section shall not apply to the dispensing of medicines or poisons on physician's prescriptions. Articles named in schedule B shall only be dispensed with the red caution label affixed, with the word "poison" plainly printed thereon.

Schedule A. Arsenic, Hydrocyanic acid and its salts, Cocaine, Morphine, Strychnine, and all other poisonous vegetable alkaloids and their salts. Oil of bitter almonds, opium and its preparations, except paregoric and such others as contain less than two (2) grains to the ounce.

Schedule B. Aconite, belladonna, canthraides, colchicum, conium, cotton root, digitalis, ergot, hellebore, henbane, phytolacca, strophanthus, oil of tansy, oil of pennyroyal, oil of savine, veratrum viride, and their pharmaceutical preparations, arseni