fraudulent statement is made by or with the knowledge or consent of the person authorized to present the application) be guilty of a misdemeanor, and, upon conviction thereof, be fined not more than $2,000 or imprisoned for not more than one year, or both.

SEC. 14. It shall not be necessary to negative any exemptions set forth in this Act in any complaint, information, indictment, or other writ or proceeding laid or brought under this Act and the burden of proof of any such exemption shall be upon the defendant. In the absence of the production of an appropriate license by the defendant, he shall be presumed not to have been duly licensed in accordance with this Act and the burden of proof shall be on the defendant to rebut such presumption.

SEC. 15. If any provision of this Act, or the application of such provision to any circumstance, shall be held invalid, the validity of the remainder of the Act and the applicability of such provision to other persons or circumstances shall not be affected thereby.

SEC. 16. This Act shall take effect on the sixtieth day after its enact

ment.

SEC. 17. The Act may be cited as the "Opium Poppy Control Act of 1942".

Approved, December 11, 1942.

[CHAPTER 363-2D SESSION]

[H. J. Res. 241]

JOINT RESOLUTION

Requesting the President to urge upon the governments of those countries where the cultivation of the poppy plant exists, the necessi y of immediately limiting the production of opium to the amount required for strictly medicinal and scientific purposes.

Whereas for nearly forty years the United States of America has led the fight to destroy the illicit traffic in and nonmedical consumption of opium, as evidenced by its abolishing the opium monopoly system which it inherited in the Philippine Islands; its calling at Shanghai in 1909 the first International Commission to consider the opium problem; its suggesting the calling of the three International Opium Conferences at The Hague in 1912, 1913, 1914; its urging at the International Opium Conference of 1924 and 1925 sponsored by the League of Nations that the only effective way to suppress the demoralizing use of opium and its derivatives (heroin, morphine, and so forth) was to control the source of the evil by limiting the cultivation of the poppy plant to the legitimate medicinal and scientific needs of the world; and its further participation in the Geneva Conference of 1931 to restrict the manufacture and distribution of narcotic drugs; and Whereas the laws of the Chinese Government strictly prohibit the cultivation of the opium poppy and the use of smoking opium in all territory under its control, and the people of China have valiantly resisted the attempts of the invading Japanese militarists to enslave them by encouraging and even compelling the cultivation and use of opium; and

Whereas final defeat of Japan will terminate the illicit traffic in narcotics which has been carried on by the Japanese military in all territories they have occupied in the Far East; and

Whereas the British and the Netherlands Governments have recently announced their decision to prohibit the use of opium for smoking and not to reestablish their government monopolies for the sale of smoking opium in the territories formerly controlled by them in the Far East when those territories are freed from Japanese occupation, stating however that the success of their action must in the final analysis depend upon the cooperation of the opium-growing countries; and

Whereas because of our military operations in certain other areas in Asia, there are now thousands of young American citizens in countries where opium is cultivated and freely available, and other Americans are on vessels delivering war materials to those countries, which condition constitutes a real threat to the health and welfare of these Americans and affords easy opportunity for the highly profitable smuggling of opium into the United States where its use has been greatly reduced: Therefore, be it

(79)

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the Congress express its conviction that this World War ought to be not an occasion for permitting expansion and spreading of illicit traffic in opium, but rather an opportunity for completely eliminating it; and be it further

Resolved, That the President be, and he hereby is, requested to approach the Governments of all opium-producing countries throughout the world, urging upon them in the interest of protecting American citizens and those of our allies and of freeing the world of an age-old evil, that they take immediate steps to limit and control the growth of the opium poppy and the production of opium and its derivatives to the amount actually required for strictly medicinal and scientific purposes.

Approved July 1, 1944.

[CHAPTER 377-2D SESSION]

[H. R. 4881]

AN ACT

To amend the Internal Revenue Code, the Narcotic Drugs Import and Export Act, as amended, and the Tariff Act of 1930, as amended, to classify a new synthetic drug, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That subsection (a) of section 2550 of the Internal Revenue Code is hereby amended by inserting immediately after the phrase "levied, assessed, collected, and paid upon opium," the word "isonipecaine,".

SEC. 2. Subsection (a) of section 2553 of the Internal Revenue Code is hereby amended by striking out the word "for" immediately following the phrase "absence of appropriate tax-paid stamps" and inserting in lieu thereof the word "from".

SEC. 3. Paragraphs 5 and 6 of subsection (b) of section 2557 of the Internal Revenue Code are hereby amended by inserting in each immediately following the words "or conspiring to sell, import, or export opium, coca leaves, cocaine," the word "isonipecaine,"; by deleting in each the word "or" from the phrase "preparation of opium, coca leaves, or cocaine," and by inserting in each immediately following such phrase the words "or isonipecaine,".

SEC. 4. The first sentence of subsection (b) of section 2558 of the Internal Revenue Code is hereby amended by striking out the words "its salts, derivatives, and compounds, and coca leaves, salts, derivatives, and compounds thereof," and inserting in lieu thereof the words "coca leaves, isonipecaine, and all salts, derivatives, and preparations of opium, coca leaves, and isonipecaine,"; and by inserting immediately following the citation "or the Act of February 9, 1909 (ch. 100, 35 Stat. 614), as amended by the Act of January 17, 1914 (ch. 9, 38 Stat. 275)" the following citations: ", the Act of May 26, 1922 (ch. 202, 42 Stat. 596), the Act of June 7, 1924 (ch. 352, 43 Stat. 657), and the Act of June 14, 1930 (ch. 488, 46 Stat. 586)".

SEC. 5. Section 2565 of the Internal Revenue Code is hereby amended by adding the following new reference at the end thereof: "Isonipecaine.-Subsection (e)."

SEC. 6. The first paragraph of section 3220 of the Internal Revenue Code is hereby amended by striking out the word "or" immediately following the word "opium" and inserting in lieu thereof a comma; and by inserting immediately following the words "coca leaves," the words "or isonipecaine,".

SEC. 7. Section 3228 of the Internal Revenue Code is hereby amended by adding the following new subsection (e) at the end thereof:

"(e) ISONIPECAINE.-The word 'isonipecaine' as used in this part and subchapter A of chapter 23 shall mean any substance identified

acid ethyl

chemically as 1-methyl-4-phenyl-piperidine-4-carboxylic ester, or any salt thereof, by whatever trade name designated." SEC. 8. Subsection (a) of section 1 of the Narcotic Drugs Import and Export Act, as amended (U. S. C., title 21, sec. 171), is hereby amended to read as follows:

"(a) The term 'narcotic drug' means opium, coca leaves, cocaine, isonipecaine, or any salt, derivative, or preparation of opium, coca leaves, cocaine, or isonipecaine; and the word 'isonipecaine' as used herein shall mean any substance identified chemically as 1-methyl-4phenyl-piperidine-4-carboxylic acid ethyl ester, or any salt thereof, by whatever trade name designated."

SEC. 9. Sections 1 and 2 of the Act of August 12, 1937 (ch. 598, 50 Stat. 627; U. S. C., title 21, secs. 200 and 200a), are hereby amended by inserting in each immediately following the words "or conspiring to sell, import, or export, opium, coca leaves, cocaine," the word "isonipecaine," by deleting in each the word "or" from the phrase "preparation of opium, coca leaves, or cocaine," and by inserting in each immediately following such phrase the words "or isonipecaine,"; and by adding a new sentence at the end of each section to read as follows: "The word 'isonipecaine' as used in this section shall mean any substance identified chemically as 1-methyl-4-phenyl-piperidine-4-carboxylic acid ethyl ester, or any salt thereof, by whatever trade name designated."

SEC. 10. The second paragraph of section 584 of the Tariff Act of 1930, as amended (U. S. C., title 19, sec. 1584), is hereby amended by deleting in the first sentence the word "or" from the phrase "If any of such merchandise so found consists of heroin, morphine, or cocaine," and by inserting immediately following such phrase the words "or isonipecaine,"; by striking out in the second sentence the word "or" from the phrase "If any of such merchandise so found consists of smoking opium or opium prepared for smoking," and inserting in lieu thereof a comma, and by inserting immediately following such phrase the words "or marihuana,"; and by adding a new sentence at the end of the paragraph to read as follows: "The words 'isonipecaine' and 'marihuana' as used in this paragraph shall have the same meaning as defined in sections 3228 (e) and 3238 (b), respectively, of the Internal Revenue Code."

Approved July 1, 1944.