Registration and Certification of Opium Users
- Only Chinese habitually using opium may apply for registration under oath.
- A certificate specifying permitted daily quantity is issued upon payment of escalating fees.
- Collector of Internal Revenue reduces allowed daily quantity monthly by 15% starting November 1907.
- Certificates are controlled with strict record-keeping and have limited validity.
Penalties for False or Counterfeit Certificates
- Fines up to PHP 5,000, imprisonment up to 2 years, or both for fraudulent or altered certificates or aiding such acts.
Prohibition on Unauthorized Use of Opium
- Opium use only allowed if registered or prescribed by a licensed physician.
- Consumption must be in licensed dispensaries.
- Violations punishable by fines up to PHP 200, imprisonment up to 6 months, or both.
- Second offenses may result in deportation if offender is not a citizen.
Regulation of Sale, Transfer, and Delivery of Opium
- Only licensed physicians, pharmacists, dispensers, or registered users in licensed dispensaries allowed to receive opium.
- Wholesale dealers can own opium but not deliver directly except with permits.
- Government bureaus and authorized hospitals may handle opium.
- Unauthorized sale or transfer penalized with fines up to PHP 1,000, imprisonment up to 1 year, or both; second offense may lead to deportation.
- Physician malpractice in prescribing opium can cause license revocation and fines/imprisonment.
Licensing and Operation of Opium Wholesale Dealers and Dispensaries
- Definitions distinguishing wholesale dealers by activities like importation, cooking, sale.
- Licensed dispensaries categorized into three classes by operating hours (24, 16, 8 hours).
- Custody of dispensaries shared between proprietor and internal revenue officer; strict locking rules.
Possession and Use of Opium Apparatus
- Illegal for unauthorized persons to have opium or apparatus such as pipes, syringes.
- Unauthorized possession results in fines up to PHP 500, imprisonment up to 1 year, with forfeiture of items.
Required Signage at Opium Dispensaries
- Dispensaries must display visible signage stating name and class.
- Failure to comply can lead to license cancellation without refund.
Delivery and Storage of Opium
- Mandatory delivery of all opium within 10 days to provincial treasurer or Collector of Internal Revenue.
- Storage governed by official receipts, supervision, and permit system for release.
- Failure to comply results in fines up to PHP 5,000 and/or imprisonment up to 5 years; seized opium forfeited.
Import, Preparation, and Taxation of Opium
- Importation requires payment of escalating internal revenue taxes based on type and weight.
- Cooking/preparation regulated, supervised, and taxed; restricted to licensed professionals.
- Failure to pay tax or mark opium leads to fines, imprisonment, and forfeiture.
Record-Keeping and Inspection Requirements
- Wholesale dealers, dispensaries, pharmacists must keep detailed transaction books in English and Spanish.
- Failure to maintain accurate records punishable by fines up to PHP 5,000, imprisonment up to 5 years, license revocation.
- Stock and books subject to inspection; refusal or neglect to permit inspection punishable.
- Inventory discrepancies incur penalties of double the value of shortages or surpluses.
Limitations on Sale to Registered Users
- Dispensers may only supply registered users with opium as per daily allowance.
- Illegal to exceed permitted quantities; violations penalized with fines and imprisonment.
Licensing and Bonding for Dealers and Dispensers
- Wholesale dealers and dispensers must secure licenses upon payment of fees and execute a PHP 10,000 bond ensuring compliance.
- Monthly license taxes vary based on class of dispensary; late starters pay full or prorated fees.
- Partnerships pay a single license; multiple business locations require separate licenses unless transferred.
Enforcement, Seizures, and Legal Proceedings
- Seizures require public notice and allow claims under bond.
- Government empowered to compromise cases.
- Collected taxes allocated for public education, treatment programs, teacher salaries, and school infrastructure.
- Informers rewarded with 25% of fines or up to PHP 1,000 when no fine but other penalties apply.
Prohibition on Cocaine and Related Substances
- Use and possession of cocaine or derivatives strictly limited to prescription by licensed physicians.
- Possession of paraphernalia is prima facie evidence of illegal drug use without prescription.
Ultimate Ban on Possession and Use (Effective March 1, 1908)
- General prohibition on possession or use of opium, cocaine, or related substances except authorized persons.
- Unauthorized possession leads to seizure and forfeiture.
- Violations punishable by fines up to PHP 10,000, imprisonment up to 5 years; repeat offenses may result in deportation.
Repeal and Effective Date
- Prior Act No. 1461 repealed.
- Law takes effect on October 17, 1907.