United States Code

such activities shall immediately make like registration. (Aug. 16, 1954, ch. 736, 68A Stat. 555.)

CROSS REFERENCES

Advance of funds in connection with enforcement of this section, see section 529a of Title 31, Money and Finance.

Punishment for violation of narcotic laws, see section 7237 of this title.

84723. Possession by person not registered.

The possession of any original stamped package containing narcotic drugs by any person who has not registered and paid special taxes as required by sections 4721 and 4722 shall be prima facie evidence of liability to such special tax. (Aug. 16, 1954, ch. 736, 68A Stat. 555.)

CROSS REFERENCES

Punishment for violation of narcotic laws, see section 7237 of this title.

84724. Unlawful acts in case of failure to register and pay special tax.

(a) Trafficking.

It shall be unlawful for any person required to register under the provisions of this subpart or section 4702 (a) to import, manufacture, produce, compound, sell, deal in, dispense, distribute, administer, or give away narcotic drugs without having registered and paid the special tax imposed by this subpart or section 4702 (a).

(b) Transportation.

Except as otherwise provided in this subsection, it shall be unlawful for any person to send, ship, carry, or deliver narcotic drugs from any State or Territory or the District of Columbia, or any insular possession of the United States, into any other State or Territory or the District of Columbia, or any insular possession of the United States. Nothing contained in this subsection shall apply

(1) to any person who shall have registered and paid the special tax as required by sections 4721 and 4722;

(2) to common carriers engaged in transporting narcotic drugs;

(3) to any employee acting within the scope of his employment for any person who shall have registered and paid the special tax as required by sections 4721 and 4722, or to any contract carrier or other agent acting within the scope of his agency for such registered person;

(4) to any person who shall deliver any such drug which has been prescribed or dispensed by a physician, dentist, veterinarian, or other practitioner required to register under the terms of this subpart or section 4702 (a) and employed to prescribe for the particular patient receiving such drug;

(5) to any person carrying any narcotic drug or compound of a narcotic drug which has been obtained by the person from a registered dealer in pursuance of a written or oral prescription referred to in section 4705 (c) (2), issued for legitimate medical uses by a physician, dentist, veterinary surgeon, or other practitioner registered under section 4722, if the bottle or other container in which such drug or compound of a narcotic drug is carried bears the name and registry number of the druggist, serial number of prescription,

name and address of the patient, and name, address, and registry number of the person issuing such prescription;

(6) to any person carrying any such drug which has been obtained by the person as a patient from a registered physician, dentist, or other practitioner in the course of his professional practice if such drug is dispensed to the patient for legitimate medical purposes; or

(7) to any United States, State, county, municipal, District, Territorial, or insular officer or official acting within the scope of his official duties. (c) Possession.

It shall be unlawful for any person who has not registered and paid the special tax provided for by this subpart or section 4702 (a) to have in his possession or under his control narcotic drugs; and such possession or control shall be presumptive evidence of a violation of this subsection and subsection (a), and also a violation of the provisions of sections 4721 and 4722: Provided, That this subsection shall not apply to any employee of a registered person, or to a nurse under the supervision of a physician, dentist, or veterinary surgeon registered under this subpart or section 4702 (a), having such possession or control by virtue of his employment or occupation and not on his own account; or to the possession of narcotic drugs which has or have been prescribed in good faith by a physician, dentist, or veterinary surgeon registered under this subpart or section 4702 (a); or to any United States, State, county, municipal, District, Territorial, or insular officer or official who has possession of any of said drugs, by reason of his official duties; or to a warehouseman holding possession for a person registered and who has paid the taxes under this subpart and sections 4701 to 4707, inclusive; or to common carriers engaged in transporting such drugs: Provided further, That it shall not be necessary to negative any of the aforesaid exemptions in any complaint, information, indictment, or other writ or proceeding laid or brought under this subpart or sections 4701 to 4707, inclusive; and the burden of proof of any such exemption shall be upon the defendant. (Aug. 16, 1954. ch. 736, 68A Stat. 555; Aug. 31, 1954, ch. 1147, § 10, 68 Stat. 1004.)

AMENDMENTS

1954 Subsec. (b)(5). Act Aug. 31, 1954 excluded drugs obtained by oral prescription.

CROSS REFERENCES

Advance of funds in connection with enforcement of this section, see section 529a of Title 31, Money and Finance.

Attempt to evade or defeat tax, see section 7201 of this title.

Punishment for violation of narcotic laws, see section 7237 of this title.

§ 4725. Other laws applicable.

All provisions of law relating to special taxes, as far as necessary, shall be extended and made applicable to the special tax imposed by this subpart. (Aug. 16, 1954, ch. 736, 68A Stat. 557.)

§ 4726. Cross references.

For penalties and other general and administrative provisions applicable to this subpart, see sections 4731 to 4736, inclusive; sections 4771 to 4776, inclusive; chapter 40; and subtitle F.

(Aug. 16, 1954, ch. 736, 68A Stat. 557.)

(2) Any compound, manufacture, salt, derivative, or preparation of opium, isonipecaine, coca leaves, or opiate;

(3) Any substance (and any compound, manufacture, salt, derivative, or preparation thereof) which is chemically identical with any of the substances referred to in clauses (1) and (2); except that the words "narcotic drugs" as used in this part shall not include decocainized coca leaves or extracts of coca leaves, which extracts do not contain cocaine or ecgonine.

(b) Person.

The word "person", as used in sections 4701 to 4707, inclusive, and sections 4721 to 4726, inclusive, shall be construed to mean and include a partnership, association, company, or corporation, as well as a natural person.

Every person who imports, manufactures, compounds, or otherwise produces for sale or distribution narcotic drugs shall be deemed to be an importer, manufacturer, or producer.

(d) Wholesale dealer.

Every person who sells, or offers for sale, any of said drugs in the original stamped packages as provided in section 4704 (a) shall be deemed a wholesale dealer.

(e) Retail dealer.

Every person who sells or dispenses from original stamped packages as provided in section 4704 (a) shall be deemed a retail dealer: Provided, That the office, or if none, the residence, of any person shall be considered, for the purpose of this part, except sections 4711 to 4715, inclusive, his place of business.

(f) Isonipecaine.

The word "isonipecaine", as used in this part shall mean any substance identified chemically as 1-methyl-4-phenylpiperidine-4-carboxylic acid ethyl

1 Section catchline amended by act Aug. 1, 1956, ch. 852, § 12 (a), 70 Stat. 909, to include Guam, without conforming amendment to analysis.

ester, or any salt thereof, by whatever trade name designated.

(g) Opiate.

(1) In general.

The word "opiate" as used in this part shall mean any drug (as defined in the Federal Food, Drug, and Cosmetic Act (52 Stat. 1041, sec. 201(g); 21 U.S.C. 321)) or other substance found by the Secretary or his delegate and proclaimed by the Secretary or his delegate (after considering the technical advice of the Secretary of Health, Education, and Welfare, or his delegate, on the subject) to have been so found in the Federal Register, after due notice and opportunity for public hearing, to have an addictionforming or addiction-sustaining liability similar to morphine or cocaine or to be capable of conversion into a drug having such addiction-forming or addiction-sustaining liability, where, in the judgment of the Secretary or his delegate, the relative technical simplicity and degree of yield of such conversion create a risk of improper use of the drug or other substance. (2) Termination.

The Secretary or his delegate is authorized to withdraw any previous finding that a drug or other substance is an "opiate" whenever (after considering the technical advice of the Secretary of Health, Education, and Welfare, or his delegate, on the subject) he determines that such previous finding was erroneous, and upon publication of such determination in the Federal Register, the particular drug or other substance shall cease to be an opiate. For purposes of the foregoing provision the Secretary or his delegate may consider any action taken pursuant to article 3 of the 1948 protocol (as defined in section 3(b) of the Narcotics Manufacturing Act of 1960).

(3) Regulations, etc.

The Secretary or his delegate is authorized to issue necessary rules and regulations for carrying out the provisions of this subsection, and to confer or impose upon any officer or employee of the Treasury Department whom he shall designate or appoint, the duty of conducting any hearing authorized hereunder.

(4) Cross reference.

For treatment of certain drugs as being, or ceasing to be, opiates for purposes of this part, see section 5 of the Narcotics Manufacturing Act of 1960.

(h) Territory.

As used in this part

(1) the word "territory" shall include the Trust Territory of the Pacific Islands, and

(2) the word "territorial" shall reflect such inclusion.

(Aug. 16, 1954, ch. 736, 68A Stat. 557; Apr. 22, 1960, Pub. L. 88-429, § 4 (a), (b), 74 Stat. 57.)

REFERENCES IN TEXT

Section 3(b) of the Narcotics Manufacturing Act of 1960, referred to in subsec. (g) (2), is classified to section 502(g) of Title 21, Food and Drugs.

Section 5 of the Narcotics Manufacturing Act of 1960. referred to in subsec. (g) (4), is classified to section 503 of Title 21.

AMENDMENTS

1960 Subsec. (a). Pub. L. 86-429, § 4(a), excluded from the definition of "narcotic drugs" decocainized coca leaves or extracts of coca leaves, which extracts do not contain cocaine or ecgonine.

Subsec. (g). Pub. L. 86-429, § 4(b), included within the definition of "opiate" drugs or other substances found by the Secretary to be capable of conversion into drugs having an addiction-forming or addiction-sustaining liability similar to morphine or cocaine, where, in the Judgment of the Secretary, or his delegate, the relative technical simplicity and degree of yield of such conversion create a risk of improper use of the drug or other substance, eliminated the requirement of a Presidential proclamation of such finding, and authorized the withdrawal of previous findings that a drug or other substance is an opiate whenever a determination is made that such previous findings were erroneous.

EFFECTIVE DATE OF 1960 AMENDMENT Amendment of subsecs. (a) and (g) of this section by Pub. L. 86-429 effective Jan. 1, 1961, see section 22 of Pub. L. 86-429, set out as a note under section 501 of Title 21, Food and Drugs.

PROCEEDINGS COMMENCED BEFORE ENACTMENT OF PUB. L. 86-429

Section 4(d) of Pub. L. 86-429 provided that: "The amendment to subsection (g) of section 4731 of the Internal Revenue Code of 1954 [subsec. (g) of this section], made by subsection (b) of this section, shall not affect any proceeding commenced before such amendment, but such proceeding shall be continued to final disposition as if the amendment had not been made."

PROC. NO. 2738, DRUG AMIDONE AN OPIATE

Proc. No. 2738, July 31, 1947, 12 F. R. 5269, 61 Stat. 1075, provided:

WHEREAS section 3228 (f) of the Internal Revenue Code [1933] provides in part as follows:

Oplate. The word "oplate" as used in this part and subchapter A of chapter 23 shall mean any drug (as defined in the Federal Food, Drug, and Cosmetic Act) found by the Secretary of the Treasury, after due notice and opportunity for public hearing, to have an addictionforming or addiction-sustaining liability similar to morphine or cocaine, and proclaimed by the President to have been so found by the Secretary.

AND WHEREAS the Secretary of the Treasury, after due notice and opportunity for public hearing, has found the drug Amidone (4,4-Diphenyl-6-DimethylaminoHeptanone-3) to have an addiction-forming and addiction-sustaining liability similar to morphine, and that in the public interest this finding should be effective immediately:

NOW, THEREFORE, I, HARRY S. TRUMAN, President of the United States of America, do hereby proclaim that the Secretary of the Treasury has found the drug Amidone (4,4-Diphenyl-6-Dimethylamino-Heptanone-3) to have an addiction-forming and addiction-sustaining liability similar to morphine, and that in the public interest this finding should be effective immediately.

PROC. NO. 2793, DRUG ISOAMIDONE AN OPIATE

Proc. No. 2793, July 1, 1948, 13 F. R. 3717, 62 Stat. 1525, provided:

Whereas section 3228 (f) of the Internal Revenue Code [1939] provides in part as follows:

(f) Opiate. The word "opiate" as used in this part and subchapter A of Chapter 23 shall mean any drug (as defined in the Federal Food, Drug, and Cosmetic Act) found by the Secretary of the Treasury, after due notice and opportunity for public hearing, to have an addiction-forming or addiction-sustaining liability similar to morphine or cocaine, and proclaimed by the President to have been so found by the Secretary;

AND WHEREAS the Secretary of the Treasury, after due notice and opportunity for public hearing, has found the drug Isoamidone (4,4-diphenyl-5-methyl-6dimethylaminohexanone-3) to have an addiction-forming and addiction-sustaining liability similar to morphine, 36-500 0-65-vol. 650

and that in the public interest this finding should be effective immediately:

NOW, THEREFORE, I, HARRY S. TRUMAN, President of the United States of America, do hereby proclaim that the Secretary of the Treasury has found the drug Isoamidone (4,4-diphenyl-5-methyl-6-dimethylaminohexanone-3) to have an addiction-forming and addictionsustaining liability similar to morphine, and that in the public interest this finding should be effective immediately.

PROC. NO. 2807. DRUG KETO-BEMIDONE AN OPIATE Proc. No. 2807, Sept. 4, 1948, 13 F. R. 5229, 62 Stat. 1552, provided:

WHEREAS section 3228 (f) of the Internal Revenue Code [1939] provides in part as follows:

(f) OPIATE.-The word "oplate" as used in this part and subchapter A of chapter 23 shall mean any drug (as defined in the Federal Food, Drug and Cosmetic Act) found by the Secretary of the Treasury, after due notice and opportunity for public hearing, to have an addictionforming or addiction-sustaining liability similar to morphine or cocaine, and proclaimed by the President to have been so found by the Secretary.

AND WHEREAS the Secretary of the Treasury, after due notice and opportunity for public hearing, has found the drug Keto-bemidone [4-(3-hydroxyphenyl)-1-methyl4-piperidyl ethyl ketone hydrochloride] to have an addiction-forming and addiction-sustaining liability similar to morphine, and that in the public interest this finding should be effective immediately:

NOW, THEREFORE, I, HARRY S. TRUMAN, President of the United States of America, do hereby proclaim that the Secretary of the Treasury has found the drug Ketobemidone [4-(3-hydroxyphenyl)-1-methyl-4-piperidyl ethyl ketone hydrochloride] to have an addiction-forming and addiction-sustaining liability similar to morphine, and that in the public interest this finding should be effectve immediately.

PROC. NO. 2851. BEMIDONE AND SIX OTHER DRUGS

AS OPIATES

Proc. No. 2851, Aug. 24, 1949, 14 F. R. 5361, 63 Stat. 1290, provided:

WHEREAS the Secretary of the Treasury, after due notice and opportunity for public hearing, has found that each of the following named drugs and their salts has addiction-forming or addiction-sustaining liability similar to morphine, and that in the public interest this finding should be effective immediately: 1. Bemidone,

1-methyl-4-metahydroxy-phenyl-piperi

dine-4-carboxylic acid ethyl ester.

2. NU-1196, a-1,3-dimethyl-4-phenyl-4-propionoxy piperidine (also known as Nisentil).

3. NU-1779, B-1,3-dimethyl-4-phenyl-4-propionoxy piperidine.

4. NU-1932, 6-1-methyl-3-ethyl-4-phenyl-4-propionoxy piperidine.

5. N. I. H.-2933, 6-dimethylamino-4,4-diphenyl-3-heptanol.

6. N. I. H.-2953, 6-dimethylamino-4,4-diphenyl-3-acetoxyheptane.

7. CB-11, 6-morpholino-4,4-diphenyl-3-heptanone (also known as Heptazone or Heptalgin).

NOW, THEREFORE, I, HARRY S. TRUMAN, President of the United States of America, do hereby proclaim that the Secretary of the Treasury has found that each of the aforementioned drugs and their salts has an addictionforming and addiction-sustaining liability similar to morphine, and that in the public interest this finding should be effective immediately.

PROC. NO. 2879.

DRUG NU-2206 AN OPIATE Proc. No. 2879, Mar. 24, 1950, 15 F. R. 1727, 64 Stat. A396, provided:

NOW, THEREFORE, I, HARRY S. TRUMAN, President of the United States of America, do hereby proclaim that the Secretary of the Treasury has found the drug NU-2206 (3-hydroxy-N-methylmorphinan) to have an addiction-forming and addiction-sustaining liability similar to morphine, and that in the public interest this finding should be effective immediately.

Proc. No. 3023, June 18, 1953, 18 F. R. 3553, provided: WHEREAS section 3228 (f) of the Internal Revenue Code [1939] provides in part as follows:

Opiate. The word "opiate" as used in this part and subchapter A of chapter 23 shall mean any drug (as defined in the Federal Food, Drug and Cosmetic Act) found by the Secretary of the Treasury, after due notice and opportunity for public hearing, to have an addiction-forming or addiction-sustaining liability similar to morphine or cocaine, and proclaimed by the President to have been so found by the Secretary.

AND WHEREAS the Secretary of the Treasury, after due notice and opportunity for public hearing, has found that each of the following named drugs has addictionforming or addiction-sustaining liability similar to morphine, and that in the public interest this finding should be effective immediately:

a-6-dimethylamino-4,4-diphenyl-3-acetoxyheptane (al

ta-acetylmethadol).

3-Dimethylamino-1,1-di-(2-thienyl)-1-butene. 3-Ethylmethylamino-1,1-di-(2-thienyl)-1-butene. NOW, THEREFORE, I, DWIGHT D. EISENHOWER, President of the United States of America, do hereby proclaim that the Secretary of the Treasury has found that each of the aforementioned drugs has an addictionforming or addiction-sustaining liability similar to morphine, and that in the public interest this finding should be effective immediately.

PROC. NO. 3082. DRUG 4,4-DIPHENYL-6-DIMETHYLAMINO-3

HEXANONE AS OPIATE

Proc. No. 3082, Feb. 28, 1955, 20 F. R. 1263, provided: WHEREAS section 4731 (g) of the Internal Revenue Code of 1954 provides in part as follows:

Opiate. The word "opiate", as used in this part shall mean any drug (as defined in the Federal Food, Drug, and Cosmetic Act; 52 Stat. 1041, section 201 (g); 21 U. S. C. 321) found by the Secretary or his delegate, after due notice and opportunity for public hearing, to have an addiction-forming or addiction-sustaining liability similar to morphine or cocaine, and proclaimed by the President to have been so found by the Secretary or his delegate.

AND WHEREAS, the Secretary of the Treasury, after due notice and opportunity for public hearing, has found that the following-named drug has an addictionforming or addiction-sustaining liability similar to morphine, and that in the public interest this finding should be effective immediately:

4,4-diphenyl-6-dimethylamino-3-hexanone.

NOW, THEREFORE, I, DWIGHT D. EISENHOWER, President of the United States of America, do hereby proclaim that the Secretary of the Treasury has found that the aforementioned drug has an addiction-forming or addiction-sustaining liability similar to morphine and that in the public interest this finding should be effective immediately.

PROC. NO. 3139. PIPERIDYL METHADONE AND FIVE OTHER DRUGS AS OPIATES

Proc. No. 3139, June 12, 1956, 21 F. R. 4036, provided: WHEREAS section 4731 (g) of the Internal Revenue Code of 1954 provides in part as follows:

Opiate. The word "opiate", as used in this part shall mean any drug (as defined in the Federal Food, Drug, and Cosmetic Act; 52 Stat. 1041, section 201 (g); 21 U. S. C. § 321) found by the Secretary or his delegate, after due notice and opportunity for public hearing, to have an addiction-forming or addiction-sustaining liability similar to morphine or cocaine, and proclaimed by the President to have been so found by the Secretary or his delegate.

AND WHEREAS the Secretary of the Treasury, after due notice and opportunity for public hearing, has found that each of the following-named drugs has an addictionforming or addiction-sustaining liability similar to mor

ethylthiambutene).

(di

(4) 1,3-dimethyl-4-phenyl-4-propionoxyhexamethylenimine.

(5) Ethyl 2,2-diphenyl-4-morpholinobutyrate. (6) Ethyl 1-[2-(p-aminophenyl)-ethyl]-4-phenylpiperidine-4-carboxylate.

NOW, THEREFORE, I, DWIGHT D. EISENHOWER, President of the United States of America, do hereby proclaim that the Secretary of the Treasury has found that each of the aforementioned drugs has an addictionforming or addiction-sustaining liability similar to morphine and that in the public interest this finding should be effective immediately.

PROC. NO. 3214. Drug 1-2(2 MORPHOLINOETHYL)-4-CARBETHOXY-4-PHENYLPIPERIDINE AND d-2, 2-DIPHENYL-3METHYL-4-MORPHOLINO-BUTYRYL-PYRROLIDINE AS OPI

ATES

Proc. No. 3214, Dec. 13, 1957, 22 F. R. 10025, provided: WHEREAS section 4731 (g) of the Internal Revenue Code of 1954 provides in part as follows:

OPIATE.-The word "opiate", as used in this part shall mean any drug (as defined in the Federal Food, Drug, and Cosmetic Act; 52 Stat. 1041, section 201 (g); 21 U. S. C. 321) found by the Secretary or his delegate, after due notice and opportunity for public hearing, to have an addiction-forming or addiction-sustaining llability similar to morphine or cocaine, and proclaimed by the President to have been so found by the Secretary or his delegate. *

AND WHEREAS the Secretary of the Treasury, after due notice and opportunity for public hearing, has found that each of the following-named drugs has an addiction-forming or addiction-sustaining liability similar to morphine, and that in the public interest this finding should be effective immediately:

1-(2

dine.

Morpholinoethyl)-4-carbethoxy-4-phenylpiperi

d-2, 2-Diphenyl-3-methyl-4-morpholino-butyryl-pyrrolidine.

PROC. No. 3229. ALPHA AND BETA 3-ETHYL-1-METHYL-4PHENYL-4-PROPIONOXYPIPERIDINE AS OPIATES

Proc. No. 3229, Apr. 1, 1958, 23 F. R. 2169, provided: WHEREAS section 4731 (g) of the Internal Revenue Code of 1954 provides in part as follows:

OPIATE. The word "opiate", as used in this part shall mean any drug (as defined in the Federal Food, Drug. and Cosmetic Act; 52 Stat. 1041, section 201 (g); 21 U. S. C. 321) found by the Secretary or his delegate, after due notice and opportunity for public hearing, to have an addiction-forming or addiction-sustaining liability similar to morphine or cocaine, and proclaimed by the President to have been so found by the Secretary or his delegate.

WHEREAS the Secretary of the Treasury, after due notice and opportunity for public hearing, has found that each of the following-named drugs has an addictionforming or addiction-sustaining liability similar to morphine, and that in the public interest this finding should be effective immediately:

a-3-Ethyl-1-methyl-4-phenyl-4-propionoxypiperidine. 8-3-Ethyl-1-methyl-4-phenyl-4-propionoxypiperidine; AND WHEREAS a previous finding with respect to the beta isomeric form of the drug, described in Proclamation No. 2851 of August 26, 1949, and discovered to have been prematurely made, has been withdrawn by the Secretary of the Treasury as of August 26, 1949. and replaced by the above-described finding:

NOW, THEREFORE, I, DWIGHT D. EISENHOWER, President of the United States of America, do hereby proclaim that the Secretary of the Treasury has found that each of the following-named drugs has an addiction-forming or addiction-sustaining liability similar to morphine, and that in the public interest this finding should be effective immediately:

a-3-Ethyl-1-methyl-4-phenyl-4-propionoxypiperdine 8-3-Ethyl-1-methyl-4-phenyl-4-propionoxypiperidine And I do further proclaim that a previous finding with respect to the beta isomeric form of the drug, described in Proclamation No. 2851 of August 26, 1949, set out as a note under this section, and discovered to have been prematurely made, has been withdrawn by the Secretary of the Treasury as of August 26, 1949, and replaced by the finding herein proclaimed; and the said Proclamation No. 2851 is modified accordingly.

PROC. No. 3266. (-) 3-HYDROXYNORMORPHINAN [(-) 3-HYDROXYMORPHINAN] AND CERTAIN OTHER DRUGS Proc. No. 3266, Dec. 31, 1958, 24 F.R. 37, provided: WHEREAS section 4731 (g) of the Internal Revenue Code of 1954 provides in part as follows:

OPIATE.-The word "opiate", as used in this part shall mean any drug (as defined in the Federal Food, Drug, and Cosmetic Act; 52 Stat. 1041, section 201(g); 21 U.S.C. 321) found by the Secretary or his delegate, after due notice and opportunity for public hearing, to have an addiction-forming or addiction-sustaining liability similar to morphine or cocaine, and proclaimed by the President to have been so found by the Secretary or his delegate. * *;

(1) (-) 3-Hydroxynormorphinan [(-) 3-Hydroxymorphinan].

(2) 2'-hydroxy-2,5,9-trimethyl-6,7-benzmorphan. (3) 3-Allyl-1-methyl-4-phenyl-4-propionoxypiperidine. (4) Dimethylaminoethyl diphenyl-a-ethoxyacetate. NOW, THEREFORE, I, DWIGHT D. EISENHOWER, President of the United States of America, do hereby proclaim that the Secretary of the Treasury has found that each of the aforementioned drugs has an addictionforming or addiction-sustaining liability similar to morphine and that in the public interest this findng should be effective immediately.

PROC. NO. 3297. 2′-HYDROXY-5, 9-DIMETHYL-2-(2-PHENYL-
ETHYL) -6,7-BENZOMORPHAN, ETHYL 4-PHENYL-1-[3-
(PHENYLAMINO) -PROPYL]-4-PIPERIDINECARBOXYLATE,
HYDROXYN-PHENETHYLMORPHINAN AS OPIATES
Proc. No. 3297, June 9, 1959, 24 F.R. 4679, provided:
WHEREAS section 4731 (g) of the Internal Revenue
Code of 1954 provides in part as follows:

OPIATE.-The word "opiate", as used in this part shall mean any drug (as defined in the Federal Food, Drug, and Cosmetic Act; 52 Stat. 1041, section 201(g); 21 U.S.C. 321) found by the Secretary or his delegate, after due notice and opportunity for public hearing, to have an addiction-forming or addiction-sustaining liability similar to morphine or cocaine, and proclaimed by the President to have been so found by the Secretary or his delegate.* * *;

claim that the Secretary of the Treasury has found that each of the aforementioned drugs (except the dextrorotątory form of 3-Hydroxy-N-phenethylmorphinan and its salts) has an addiction-forming or addiction-sustaining liability similar to morphine and that in the public interest this finding should be effective immediately.

PROC. NO. 3321.

(-) 3-HYDROXY-N-PHENACYLMORPHINAN AS OPIATE Proc. No. 3321, Oct. 12, 1959, 24 F.R. 8419, provided: WHEREAS section 4731(g) of the Internal Revenue Code of 1954 provides in part as follows:

Opiate. The word "opiate", as used in this part shall mean any drug (as defined in the Federal Food, Drug, and Cosmetic Act; 52 Stat. 1041, section 201(g); 21 U.S.C. A. § 321) found by the Secretary or his delegate, after due notice and opportunity for public hearing, to have an addiction-forming or addiction-sustaining liability similar to morphine or cocaine, and proclaimed by the President to have been so found by the Secretary or his delegate.

AND WHEREAS the Secretary of the Treasury, after due notice and opportunity for public hearing, has found that the following-named drug has an addiction-forming or addiction-sustaining liability similar to morphine, and that in the public interest this finding should be effective immediately:

(-) 3-Hydroxy-N-phenacylmorphinan.

IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the United States to be affixed. Done at the City of Washington this twelfth day of October in the year of our Lord nineteen hun[SEAL] dred and fifty-nine, and of the Independence of the United States of America the one hundred and eighty-fourth. DWIGHT D. EISENHOWER PROC. NO. 3358. ETHYL 1-(3-CYANO-3, 3-DIPHENYLPROPYL)-4-PHENYL-4-PIPERIDINECARBOXYLATE AS OPIATE Proc. No. 3358, July 18, 1960, 25 F.R. 6945, provided: WHEREAS section 4731(g) of the Internal Revenue Code of 1954 provides in part as follows:

OPIATE. The word "opiate", as used in this part shall mean any drug (as defined in the Federal Food, Drug, and Cosmetic Act, 52 Stat. 1041, section 201(g); 21 U.S.C. 321) found by the Secretary or his delegate, after due notice and opportunity for public hearing, to have an addiction-forming or addiction-sustaining liability similar to morphine or cocaine, and proclaimed by the President to have been so found by the Secretary or his delegate.

Ethyl 1-(3-cyano-3,3diphenylpropyl)-4-phenyl-4-
piperidinecarboxylate.

NOW, THEREFORE, I DWIGHT D. EISENHOWER, President of the United States of America, do hereby proclaim that the Secretary of the Treasury has found that the aforementioned drug has an addiction-forming or addiction-sustaining liability similar to morphine and that in the public interest this finding should be effective immediately.

IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the United States to be affixed. DONE at the City of Washington this eighteenth day of July in the year of our Lord nineteen hundred and sixty, and of the Independence of the United States of America the one hundred and eighty

[SEAL] fifth.

DWIGHT D. EISENHOWER

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