An Act to amend the penalty provisions applicable to persons convicted of violating certain narcotic laws, and for other purposes
PL 82-255 (H.R.3490), enacted 11/02/1951

65 STAT. 
PUBLIC LAW 255—NOV. 2, 1951 
767 
guilty of a felony and, upon conviction, shall be fined not more than 
$1,000 or imprisoned for not more than one year, or both: Provided 
further, That the above penalty clause shall be in addition to, and not 
in substitution for, any other provisions of existing law. 
SEC. 802. Any funds provided by this Act shall not be available 
for the compensation of persons performing domestic information 
functions or related supporting functions in excess of 50 per centum 
of the amount provided herein. 
SEC. 803. This Act may be cited as the "Second Supplemental 
Appropriation Act, 1952". 
Approved November 1, 1951. 
Domestic informa-
tion functions. 
Short title. 
Public Law 255 
CHAPTER 666 
AN ACT 
To amend the penalty provisions applicable to persons convicted of violating 
certain narcotic laws, and for other purposes. 
November 2,1951 
[H. K. 3490] 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assembled, That section 2 (c) 
of the Narcotic Drugs Import and Export Act, as amended (U. S. C , 
title 21, sec. 174), is amended to read as follows: 
"(c) Whoever fraudulently or knowingly imports or brings any 
narcotic drug into the United States or any territory under its control 
or jurisdiction, contrary to law, or receives, conceals, buys, sells, or in 
any manner facilitates the transportation, concealment, or sale of any 
such narcotic drug after being imported or brought in, knowing the 
same to have been imported contrary to law, or conspires to commit 
any of such acts in violation of the laws of the United States, shall be 
fined not more than $2,000 and imprisoned not less than two or more 
than five years. For a second offense, the offender shall be fined not 
more than $2,000 and imprisoned not less than five or more than ten 
years. 
For a third or subsequent offense, the offender shall be fined 
not more than $2,000 and imprisoned not less than ten or more than 
twenty years. Upon conviction for a second or subsequent offense, the 
imposition or execution of sentence shall not be suspended and proba-
tion shall not be granted. 
For the purpose of this subdivision, an 
offender shall be considered a second or subsequent offender, as the 
case may be, if he previously has been convicted of any offense the 
penalty for which is provided in this subdivision or in section 2557 
(b) (1) of the Internal Revenue Code, or if he previously has been 
convicted of any offense the penalty for which was provided in sec-
tion 9, chapter 1, of the Act of December 17, 1914 (38 Stat. 789), as 
amended; section 1, chapter 202 of the Act of May 26, 1922 (42 Stat. 
596), as amended; section 12, chapter 553, of the Act of August 2, 
1937 (50 Stat. 556), as amended; or sections 2557 (b) (1) or 2596 of 
the Internal Revenue Code enacted February 10, 1939 (ch. 2, 53 Stat. 
274, 282), as amended. 
After conviction, but prior to pronounce-
ment of sentence, the court shall be advised by the United States 
attorney whether the conviction is the offender's first or a subsequent 
offense. 
If it is not a first offense, the United States attorney shall 
file an information setting forth the prior convictions. The offender 
shall have the opportunity in open court to aiRrm or deny that he is 
identical with the person previously convicted. 
If he denies the 
identity, sentence shall be postponed for such time as to permit a trial 
before a jury on the sole issue of the offender's identity with the person 
previously convicted. 
If the offender is found by the jury to be the 
Narcotic law viola-
tions, penalties. 
42 Stat. 596. 
Post, p. 768. 
21 U. 8. C. 
173,174-177. 
§§ 171, 
Post, p. 768. 
76100 O - 52 (PT. I) - 51 
3239 
768 
PUBLIC LAW 255—NOV. 2, 1951 
[65 STAT. 
person previously convicted, or if he acknowledges that he is such 
person, he shall be sentenced as prescribed in this subdivision. 
"Whenever on trial for a violation of this subdivision the defendant 
is shown to have or to have had possession of the narcotic drug, such 
possession shall be deemed sufficient evidence to authorize conviction 
unless the defendant explains the possession to the satisfaction of the 
jury." 
S?T*^i-^^^o«7 
SEC. 2. Section 2557 (b) (1) of the Internal Revenue Code is 
amended to read as follows: 
"(1) Whoever commits an offense or conspires to commit an 
offense described in this subchapter, subchapter C of this chapter, 
5
3 Stat 269. ^
^ ^^^ 
Qj. parts V or VI of subchapter A of chapter 27, for which no 
2565, 259(>-2«»4, 3220- 
specific penalty is otherwise provided, shall be fined not more than 
'*"" 
$2,000 and imprisoned not less than two or more than five years. 
For a second offense, the offender shall be fined not more than 
$2,000 and imprisoned not less than five or more than ten years. 
For a third or subsequent offense, the offender shall be fined not 
more than $2,000 and imprisoned not less than ten or more than 
twenty years. Upon conviction for a second or subsequent 
offense, the imposition or execution of sentence shall not be sus-
pended and probation shall not be granted. For the purpose of 
this paragraph, an offender shall be considered a second or subse-
quent offender, as the case may be, if he previously has been con-
victed of any offense the penalty for which is provided in this 
Ante,p.7&?. 
paragraph or in section 2 (c) of the Narcotic Drugs Import and 
Export Act, as amended (U. S. C, title 21, sec. 174), or if he 
previously has been convicted of any offense the penalty for which 
was provided in section 9, chapter 1, of the Act oi December 
17,1914 (38 Stat. 789), as amended; section 1, chapter 202, of the 
Act of May 26,1922 (42 Stat. 596), as amended; section 12, Chap-
ter 553, of the Act of August 2, 1937 (50 Stat. 556), as amended; 
^«^«- 
or sections 2557 (b) (1) or 2596 of the Internal Revenue Code 
enacted February 10, 1939 (ch. 2, 53 Stat. 274, 282), as amended. 
After conviction, but prior to pronouncement of sentence, the 
court shall be advised by the United States attorn^ whether the 
conviction is the offender's first or a subsequent offense. If it is 
not a first offense, the United States attorney shall file an infor-
mation setting forth the prior convictions. The offender shall 
have the opportunity in open court to affirm or deny that he is 
identical with the person previously convicted. If he denies the 
identity, sentence snail be postponed for such time as to permit a 
trial before a jury on the sole issue of the offender's identity with 
the person previously convicted. If the offender is found by the 
jury to be the person previously convicted, or if he acknowledges 
that he is such person, he shall be sentenced as prescribed in this 
paragraph." 
26u.*s.^^§2596. 
^^^- ^' Sectiou 2596 of the Internal Revenue Code is amended to 
read as follows: 
"SEC. 2596. PENALTIES. 
"For penalties for violating or failing to comply with any of the 
provisions of this subchapter, see section 2557 (b) (1)." 
53 Stat. 387. 
gEC. 4. Section 3235 of the Internal Revenue Code is amended to 
read as follows: 
"SEC. 3235. PENALTIES. 
"For penalties for violating or failing to comply with any of the 
provisions of this part, see section 2557 (b) (1)." 
66 STAT.] 
PUBLIC LAW 255—NOV. 2, 1951 
769 
SEO. 6. There are hereby repealed— 
Repeals. 
(1) section 2 (f) of the Narcotic Drugs Import and Export 
42stat. 5
9
7
. 
Act, as amended (IJ. S. C, title 21, sec. 174); 
(2) the Act of August 12,1937, as amended (U. S. C, title 21, «
> stat. 6
2
7
. 
sees. 200-200 ( b ) ) ; 
(3) sections 2557 (b) (6), (6), and (7) of the Internal Reve-
miP Code 
^ stat. 275. 
liue v/oue. _ 
^ 
_ 
2
6 u. s. c. § 2557. 
SEC. 6. Any rights or liabilities now existing under the laws or parts 
thereof repealed by this Act shall not be affected by such repeal. 
Approved November 2, 1951.