BURDEN OF PROOF; LIABILITIES

SEC. 708. (a) It shall not be necessary for the United States to negative any exemption or exception set forth in this Act in any complaint, information, indictment, or other pleading or in any trial, hearing, or other proceeding under this Act, and the burden of proof of any such exemption or exception shall be upon the person claiming its benefit.

(6) In the absence of proof that a person is the duly authorized holder of an appropriate registration or order form issued under this Act, he shall be presumed not to be the holder of such registration or form, and the burden of proof shall be upon him to rebut such presumption.

(c) The burden of establishing that a vehicle, vessel, or aircraft used in connection with the substances listed in schedule I of this Act was used in accordance with the provisions of this Act shall be on the persons engaged in such use.

(d) No liability shall be imposed by virtue of this Act upon any duly authorized Federal officer engaged in the enforcement of this Act, or upon any duly authorized officer of any State, territory, political subdivision thereof, the District of Columbia, or any possession of the United States, who shall be engaged in the enforcement of any law or municipal ordinance relating to controlled dangerous substances.

PAYMENTS AND ADVAN CES

SEC. 709. (a) The Attorney General is authorized to pay any person, from funds appropriated for the Bureau of Narcotics and Dangerous Drugs, for information concerning a violations of this Act, such sum or sums of money as he may deem appropriate, without reference to any moieties or rewards to which such person may otherwise be entitled by law.

(b) Moneys expended from appropriations of the Bureau of Narcotics and Dangerous Drugs for purchase of controlled dangerous substances and subsequently recovered shall be reimbursed to the current appropriation for the Bureau.

(c) The Attorney General is authorized to direct the advance of funds by the Treasury Department in connection with the enforcement of this Act.

TITLE VIII-COMMITTEE ON MARIHUANA

ESTABLISHMENT OF COMMITTEE

SEC. 801. The Attorney General and the Secretary of Health, Education, and Welfare shall appoint a committee of experts to advise them with respect to all aspects of marihuana use.

(a) The Committee on Marihuana is authorized and directed to review all available information on this subject and to execute a study to be carried out on both an intramural and extramural basis, including utilization of the resources and ongoing projects of the National Institute of Mental Health and the National Institute of Law Enforcement and Criminal Justice, covering all aspects of marihuana use.

(1) The study shall include but not be limited to

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(a) identification of existing gaps in our knowledge of marihuana; (b) an intensive examination of the important medical and social aspects of marihuana use;

(c) surveys of the extent and nature of marihuana use;

(d) studies of the pharmacology and effects of marihuana;

(e) studies of the relation of marihuana use to crime and juvenile delinquency; and

(f) studies of the relation between marihuana and the use of other drugs.

(b) The study shall be completed within twenty-four months from the effective date of this Act at which time the Committee shall submit to the President and to Congress a comprehensive report on its findings and, in addition, its recommendations with respect to the degree of control to be exercised over marihauana use. The Committee shall cease to exist thirty days after such report is submitted.

(c) The Committee on Marihauna shall be composed of persons selected by the Attorney General and the Secretary of Health, Education, and Welfare. Such persons shall be qualified as experts and have diversified professional backgrounds. The Director of the National Institute of Mental Health and the Director of the National Institute of Law Enforcement and Criminal Justice shall be members ex officio of the Committee. The size of the Committee shall be determined by the Attorney General and the Secretary of Health, Education, and Welfare but shall not be less than five persons.

(d) Members of the Committee shall be entitled to receive compensation at the rate now or hereafter provided for a grade GS-18 of the General Schedule for employees for each day (including travel time) during which they are engaged in the actual performance of duties for the Committee, members of the Committee shall be allowed expenses of travel, including per diem instead of subsistence, in accordance with subsection (i) of chapter 57 of title 5, United States Code. The Attorney General and the Secretary shall furnish the Committee with adequate clerical and other assistance, and shall by rules and regulations prescribe the procedure to be followed by the Committee.

(e) The Committee may procure, in accordance with the provisions of section 3109 of title 5, United States Code, the temporary or intermittent services of experts or consultants. Persons so employed may be entitled to receive compensation at the rate now or hereafter provided for a grade GS-18 of the General Schedule for employees for each day (including travel time) during which they are engaged in the actual performance of duties. While traveling on official business in the performance of duties for the Committee such persons so employed shall be allowed expenses of travel, including per diem instead of subsistence, in accordance with subsection (i) of chapter 57 of title 5, United States Code.

TITLE IX-MISCELLANEOUS

REPEALERS

SEC. 901. The laws specified in the following schedule are repealed except with respect to rights and duties which matured, penalties which were incurred, and proceedings which were begun before the effective date of this Act:

STATUTES AT LARGE

(a) Act of February 23, 1887 (ch. 210, secs. 1, 2, 24 Stat. 409), as amended (title 21, secs. 191-193).

(b) Act of February 9, 1909 (ch. 100, 35 Stat. 614), as amended (title 21, secs. 171, 173, 174-184, 185).

(c) Section 1 of the Act of March 28, 1928 (ch. 266, 45 Stat. 374), as amended (title 31, sec. 529a).

(d) Act of June 14, 1930 (ch. 488, sec. 6, 46 Stat. 587; title 21, sec. 173a).

(e) Act of June 14, 1930 (ch. 488, secs. 7, 8), as amended (title 21, secs. 197, 198).

(f) Act of July 3, 1930 (ch. 829, 46 Stat. 850; title 21, sec. 199).

(g) Section 6 of the Act of August 7, 1939 (ch. 566, 53 Stat. 1263; title 31, sec. 529g).

(h) Act of December 11, 1942 (ch. 720, 56 Stat. 1045), as amended (title 21, secs. 188-188n).

(i) Act of August 11, 1955 (ch. 800, secs. 1–3, 69 Stat. 684; title 21, secs. 198a-c).

(j) Section 15 of the Act of August 1, 1956 (ch. 852, 70 Stat. 910; title 48, sec. 1421m).

(k) Section 1 of the Act of July 18, 1956 (ch. 629, title I), as amended (title 21, sec. 184a).

(1) Act of April 22, 1960 (74 Stat. 55; title 21, secs. 501-517).

(m) Sections 201 (v) and 511 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321 (v) and 360a), as added by section 3 of Public Law 89-74 and amended by Public Law 90-639.

(n) Section 301 (q) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 331 (q)), as added by section 5 of Public Law 89-74 and amended by Public Law 90-639.

UNITED STATES CODE

(a) Title 18, sections 1401-1407.
(b) Title 18, section 3616.
(c) Title 26, sections 4701-4776.
(d) Title 26, sections 7237-7238.

(e) Title 26, section 7491.

CONFORMING AMENDMENTS

SEC. 902. (a) Section 1114 of title 18, United States Code, is amended by striking out "the Bureau of Narcotics" and inserting "the Bureau of Narcotics and Dangerous Drugs".

(b) Section 1952 of title 18 of the United States Code is amended by→ (1) inserting in subsection (b)(1) the words "other controlled dangerous substances," immediately following the word "narcotics". (2) striking subsection (c) and substituting the following new sec

tion:

"(c) Investigation of violations under this section involving liquor shall be conducted under the supervision of the Secretary of the Treasury".

(c) Section 4251(a) of title 18 of the United States Code is amended by striking out the words "section 4731 of the Internal Revenue Code of 1954, as amended," and substituting "the Controlled Dangerous Substances Act of 1969".

(d) Section 584 of the Act of June 17, 1930 (ch. 497, title IV, 46 Stat. 748), as amended by section 10 of the Act of July 1, 1944 (ch. 377, 58 Stat. 722), and section 9 of the Act of March 8, 1946 (ch. 81, 60 Stat. 39; title 19, sec. 1584), is amended by striking out the last sentence of the second paragraph and substituting the following new sentence: "The words 'opiate' and marihuana' as used in this paragraph shall have the same meaning as defined in the Controlled Dangerous Substances Act of 1969."

(e) Section 303 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 333), as amended, is amended by deleting subsections (a) and (b) and inserting in lieu thereof the following new subsections:

SEC. 303. (a) Any person who violates a provision of section 301 shall be imprisoned for not more than one year or fined not more than $1,000, or both.

"(b) Notwithstanding the provisions of subsection (a) of this section, if any person commits such a violation after a conviction of him under this section has become final, or commits such a violation with the intent to defraud or mislead, such person shall be imprisoned for not more than three years or fined not more than $10,000, or both".

(f) Section 304(a) (2) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 334(a) (2)), as amended, is amended by striking out paragraphs (A) and (D) and the words "of such a depressant or stimulating drug or" in subparagraph (C), and relettering (B), (C), and (E) as (A), (B), and (Ĉ).

(g) Section 304(d) (3) (iii) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 334(d) (3) (iii)), as amended, is amended by striking out the words "depressant or stimulant drugs or".

(h) Section 510 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360), as amended, is amended (1) by striking out subsection (a) (2) and renumbering subsection (a) (3) as (a) (2); (2) by deleting from the first sentence of subsection (b) the words "or in the wholesaling, jobbing, or distributing of any depressant or stimulant drug"; (3) by deleting the last sentence of subsection (b); (4) by deleting from the first sentence of subsection (c) the words "or in the wholesaling, jobbing, or distributing of any depressant or stimulant drug"; (5) by deleting the last sentence of subsection (c); (6) by deleting from subsection (d) the “(1)” immediately after the "(d)" and by inserting a period after the words "drug or drugs" and deleting the remainder of subsection (d); (7) by deleting from the heading of such section 510 the words "and Certain Wholesalers".

(i) Section 702 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 372), as amended, is amended by deleting in subsection (e) the words "to depressant or stimulant drugs or".

(j) Section 201(a)(2) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(a)(2)), as amended, is amended by adding a period after "Canal Zone" the first time these words appear and deleting all thereafter.

(k) Section 801 (a) of the Federal Food, Drug, and Cosmetic Act (title 21 sec. 381 (a)), as amended, is amended in the last sentence thereof by striking out "This paragraph" and substituting therefor "Clause (2) of the third sentence of this paragraph," and by striking out the words "section 2 of the Act of May 26, 1922, as amended (U.S.C. 1934 edition, title 21, sec. 173)" and substituting "the Controlled Dangerous Substances Act of 1969".

(1) Section 4901(a) of title 26 of the United States Code is amended by deleting the words "4721 (narcotic drugs), or 4751 (marihuana)” and by inserting the word "or" before the number "4461".

(m) Section 4905(b) of title 26 of the United States Code is amended by deleting the words "narcotics, marihuana," and "4722, 4753".

(n) Section 6808 of title 26 of the United States Code is amended by striking out subsection (8) and renumbering subsections (9), (10), (11), (12), and (13), as (8), (9), (10), (11), and (12).

(0) Section 7012 of title 26 of the United States Code is amended by striking out subsections (a) and (b) and renumbering (c), (d), (e), (f), (g), (h), (i), and (j ) as (a), (b), (c), (d), (e), (f), (g), and (h).

(p) Section 7103 of title 26 of the United States Code is amended by striking out subsection (d)(3) and renumbering (E) and (F) as (D) and (E)

(q) Section 7326 of title 26 of the United States Code is amended by striking out subsection (b) and relettering (c) as (b).

(r) Section 7607 of title 26 of the United States Code is amended by deleting all words prior to the word "officers" and by capitalizing the word "officer"; and by deleting in subsection (2) the words "section 4731" and "section 4761" and inserting in subsection (2) in lieu thereof the words "Controlled Dangerous Substances Act of 1969".

(s) Section 7651 of title 26 of the United States Code is amended by deleting the words "sections 4705(b), 4735, and 4762 (relating to taxes on narcotic drugs and marihuana)".

(t) Section 7655 of title 26 of the United States Code is amended by deleting subsections (3) and (4).

(u) Section 7609 of title 26 of the United States Code is amended by striking out subsections (a) (3) and (a) (4) and renumbering (5) and (6) as (3) and (4).

(v) Section 7641 of title 26 of the United States Code is amended by striking out the words "opium suitable for smoking purposes,".

(w) Section 2901(a) of title 28 of the United States Code is amended by striking out the words "section 4731 of the Internal Revenue Code of 1954, as amended," and substituting "the Controlled Dangerous Substances Act of 1969".

(x) Section 3 of the Act of August 7, 1939 (ch. 566, 53 Stat. 1263; title 31, sec. 529d), is amended by striking out the words "or the Commissioner of Narcotics, as the case may be,".

(y) Section 4 of the Act of August 7, 1939 (ch. 566, 53 Stat. 1263; title 31, sec. 529e) is amended by striking out the words "or narcotics" and "or narcotic".

(2) Section 5 of the Act of August 7, 1939 (ch. 566, 53 Stat. 1263; title 31, sec. 529f) is amended by striking out the words "or narcotics".

(aa) Section 308(c) (2) of the Act of August 27, 1935 (ch. 740), as amended (49 Stat. 880; title 40, sec. 304(m)) is amended by striking out the words "Narcotic Drugs Import and Export Act" and substituting "Controlled Dangerous Substances Act of 1969”.

(bb) Section 302(a) of the Act of July 1, 1944 (ch. 373; title III), as amended (58 Stat. 692; title 42, sec. 242(a)) is amended by striking out the words "Narcotic Drugs Import and Export Act" and substituting "Controlled Dangerous Substances Act of 1969".

(cc) Section 301 (a) of the Act of November 8, 1966 (ch. 175, title III), as amended (80 Stat. 1444: title 42, sec. 3411) is amended by striking out the words "section 4731 of the Internal Revenue Code of 1954 and substituting "the Controlled Dangerous Substances Act of 1969".

(dd) Section 1(a) of the Act of July 15, 1954 (ch. 512), as amended (68 Stat. 484: title 46, sec. 239a) is amended by striking out the words "paragraph (a) of the first section of the Narcotics Drugs Import and Export Act, as amended (21 U.S.C. 171(a))" and substituting "the Controlled Dangerous Substances Act of 1969": and by striking out the words "section 3238(b) of Internal Revenue Code" and substituting "the Controlled Dangerous Substances Act of 1969”.

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