An Act to amend the Federal Food, Drug, and Cosmetic Act to prescribe penalties for the possession of LSD and other hallucinogenic drugs by unauthorized persons
PL 90-639 (H.R.14096), enacted 10/24/1968

82 STAT. ] 
PUBLIC LAW 90-639-OCT. 24, 1968 
1361 
SEC. 3, (a) The Secretary of the Treasury is authorized and directed 
to admit free of duty one mass spectrometer, and all equipment, parts, 
accessories, and appurtenances for such spectrometer which accom-
pany it, imported for the use of Utah State University. 
(b) Upon request therefor filed with the customs officer concerned 
on or before the 120th day after the date of the enactment of this Act, 
the entry or withdrawal of the articles described in subsection (a) 
shall, notwithstanding the provisions of section 514 of the Tariff Act 
of 1930 or any other provision of law, be liquidated or reliquidated in 
accordance with the provisions of subsection (a). 
Approved October 24, 1968. 
Spectrometer for 
use of Utah State 
University. 
Duty-free entry. 
46 Stat. 734 
19 u s e 1514. 
Public Law 90-639 
AN ACT 
October 24, 1968 
To amend the Federal Food, Drug, and Cosmetic Act to increase the penalties 
[H. R. I4096] 
for unlawful acts involving lysergic acid diethylamide (LSD) and other de-
pressant and stimulant drugs, and for other purposes. 
LSD and other 
depressant and 
stimulant drugs. 
79 Stat. 227. 
Possession, 
restriction. 
Be it enacted hy the Seriate and House of Rejyresentatives of the 
United States of America in Congress osseTnbled, That section 201 (v) 
(8) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321) 
is amended by striking out "any drug" and inserting in lieu thereof 
''lysergic acid diethylamide and any other drug". 
SEC. 2. (a) Section 511(c) of the Federal Food, Drug, and Cos-
metic Act (21 LT.S.C^. 360a(c)) is amended to read as follows: 
"(c) No person, other than a person described in subsection (a) or 
(b) (2) of this section, shall— 
"(1) possess any depressant or stimulant drug for sale, deliv-
ery, or other disposal to another, or 
"(2) otherwise possess any such drug unless such drug was 
obtained directly, or pursuant to a valid prescription, from a 
practitioner (licensed by law to prescribe or administer such 
drug) while acting in the course of nis professional practice." 
(b) Clause (3) of paragraph (q) of section 301 of such Act (21 
U.S.C. 331 (q) (3)) is amended to read as follows: "(3) (A) the pos-
session of a drug in violation of section 511(c) (1), or (B) the posses-
sion of a drug in violation of section 511(c) (2);". 
SEC. 3. Section 303 of such Act (21 U.S.C. 333) is amended by 
striking out subsections (a) and (b) and inserting in lieu thereof the 79"statr233l^ 
following new subsections: 
"SEC. 303. (a) Any person who violates a provision of section 301 
(other than a provision referred to in subsection (b) of this section) 
shall be imprisoned for not more than one year or fined not more than 
$1,000, or both; except that if any person commits such a violation 
after a conviction of him under this subsection 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. 
"(b)(1) Any person who violates clause (1), (2), or (3) (A) of 
section 301 (q), or violates, with respect to a depressant or stimulant 
drug, any of the provisions of paragraph (3) of section 301 (i), shall, 
except as otherwise provided in paragraph (2) of this subsection, be 
imprisoned for not more than five years or fined not more than $10,000, 
or both. 
Penalties. 
52 Stat. 1043; 
1362 
PUBLIC LAW 90-639-OCT. 24, 1968 
[82 STAT. 
Canal Zone, 
applicability. 
76 Stat. 796. 
52 Stat. 1044, 
79 Stat. 232. 
Public infor-
mation programs, 
priority. 
National Insti-
tute of Neuro-
logical Diseases 
and Blindness. 
Name change. 
Ante, p. 772. 
" (2) Any person eigliteen or older wlio violates clause (2) of section 
301 (q) by selling, delivering, or otherwise disposing of any depressant 
or stimulant drug to a person who is under twenty-one, shall be 
imprisoned for not more than ten years or fined not more than $15,000, 
or both, except that if any person commits such a violation after a con-
viction of him under this paragraph has become final, he shall be 
imprisoned for not more than fifteen years or fined not more than 
$20,000, or both. 
"(3) (A) Except as otherwise provided in this subparagraph or in 
subparagraph (B), any person who violates clause (3) (B) of section 
301 (q) shall be imprisoned for not more than one year or fined not more 
than $1,000, or both. If any person commits such a violation after two 
prior convictions of him for violation of such clause have become final, 
he shall be imprisoned for not more than three vears or fined not more 
than $10,000, or both. 
"(B) In the case of any person who is convicted for the first time 
of violating a provision of section 301 (q) and whose conviction was 
for violating clause (3) (B) of such section, the court may suspend 
tlie imposition or execution of sentence and place such person on 
probation subject to such conditions as the court may impose and for 
such period, not to exceed one year, as the court may prescribe. The 
court may, in its discretion, unconditionally discharge such person 
from probation prior to the expiration of the maximum period pre-
scribed for such person's probation. Such discharge shall automatically 
set aside the conviction, and the court shall issue to such person a 
certificate to that effect. If during the period of his probation such 
l^erson does not violate any of the conditions of his probation, his 
conviction shall at the expiration of such period be automatically set 
aside, and the court shall issue to such person a certificate to that 
effect." 
SEC. -1. (a) Section 201(a)(2) of the Federal Food, Drug, and 
Cosmetic Act (21 U.S.C. 321(a) (2)) is amended by striking out the 
period at the end thereof and inserting in lieu thereof the following: 
"; except that such term includes the Canal Zone for the purposes of 
sections 201, 301 (i), 301 (p), 301 (q), 302, 303, 304 (other than para-
graph (1) of subsection (a)), 307, 510, 511, 702, 703, 704, and 705 as 
they apply to depressant or stimulant drugs, containers thereof and 
equipment used ni manufacturing, compounding or processing any 
such drug.'' 
(b) Section 304(a) of such Act (21 U.S.C. 334(a)) is amended 
by inserting "or United States court of a Territory*' after "district 
court of the United States" wherever these words occur. 
SEC. 5. It is the sense of the Congress that, because of the inadequate 
knowledge on the part of the people of the United States of the sub-
stantial adverse effects of misuse of depressant and stimulant drugs, 
and of other drugs liable to abuse, on the individual, his family, and 
the community, the highest priority should be given to Federal pro-
grams to disseminate information which may be used to educate the 
public, particularly young persons, regarding the dangers of drug 
abuse. 
SEC. 6. The amendments made by this Act shall apply only with 
respect to violations of the Federal Food, Drug, and Cosmetic Act 
committed after the date of the enactment of this Act. 
SEC. 7. The last sentence of Public Law 90-489 is amended to read 
as follows: "The name of the National Institute of Neurological 
Diseases and Blindness is hereby changed to the 'National Institute 
of Neurological Diseases and Stroke'." 
Approved October 24, 1968.