Narcotic Control Law
法令番号: 法律第123号
公布年月日: 昭和23年7月10日
法令の形式: 法律
I hereby promulgate the Narcotic Control Law.
Signed:HIROHITO, Seal of the Emperor
This tenth day of the seventh month of the twenty-third year of Showa (July 10, 1948)
Prime Minister ASHIDA Hitoshi
Law No.123
Narcotic Control Law
Chapter I. General Provisions
Article 1. The term "Narcotics" as used in this Law shall mean:
1) Opium and coca leaves (except decocainzed coca leaves);
2) All alkaloids extracted from opium or caca leaves, their derivatives and their salts;
3) Synthetic preparations designated by the Minister of Welfare which are liable to similar abuse and cause similar ill-effects as opium or as substances mentionsd in the preceding item;
4) Preparations which contain the substances mentioned in the above three items.
Article 2. The term "Narcotic Dealer" as used in this Law shall mean:Narcotic importer, narcotic manufacturer, narcotic compounder, narcotic producer, narcotic central wholesale dealer, narcotic local wholesale dealer, narcotic retail dealer, narcotic practitioner, narcotic administrator, narcotic research worker, and retail dealer in exempt narcotic preparations.
2. The term "Narcotic Importer" as used in this Law shall mean a person licensed by the Minister of Welfare for profession of importing narcotics.
3. The term "Narcotic Manufacturer" as used in this Law shall mean a person licensed by the Minister of Welfare for profession of manufacturing narcotics (signifying transformation by means of chemical process or refining, and referred to as the same hereinafter).
4. The term "Narcotic Compounder" as used in this Law shall mean a person licensed by the Minister of Welfare for profession of compounding narcotics (signifying preparing narcotic drugs or preparations other than manufacturing, and referred to as the same hereinafter).
5. The term "Narcotic Producer" as used in this Law shall mean a person licensed by the Minister of Welfare for profession of producing narcotic drugs or preparations to be sold not by mixing or compounding but merely by transferring the contents of one package or a number of packages to one or more packages of the same or of greater or smaller size.
6. The term "Narcotic Central Wholesale Dealer" as used in this Law shall mean a person licensed by the Minister of Welfare for profession of selling narcotics to narcotic local wholesale dealers.
7. The term "Narcotic Local Wholesale Dealer" as used in this Law shall mean a person licensed by the Minister of Welfare for profession of selling narcotics to narcotic retail dealers, narcotic practitioners, narcotic administrators or narcotic research workers.
8. The term "Narcotic Retail Dealer" as used in this Law shall mean a person licensed by the Minister of Welfare for profession of selling narcotics which are prepared by a licensed pharmacist according to the prescription issued by a narcotic practitioner in the course of his professional narcotic only.
9. The term "Narcotic Practitioner" as used in this Law shall mean a doctor, dentist or veterinary surgeon licensed by the Minister of Welfare to administer, dispense, prescribe or otherwise distribute narcotics for medical purpose to persons other than himself or to domestic animals.
10. The term "Narcotic Administrator" as used in this Law shall mean a person in a hospital or dispensary licensed by the Minister of Welfare for position of responsibility to receive and hold narcotics to be used in that hospital or dispensary.
11. The term "Narcotic Research Worker" as used in this Law shall mean a person licensed by the Minister of Welfare for use of narcotics for the purpose of research.
12. The term "Dealee in Exempt Narcotic Preparations" as used in this Law shall mean a person licensed by the Minister of Welfare for selling narcotics which contain not more than 0.4 per cent of opium, or not more than 0.05 per cent of morphine and its salts, or not more than 0.2 per cent of codeine, hydrocodeine or their salts, but which do not contain other narcotics, (hereinafter called exempt narcotic preparations) to a person other than narcotic dealer.
Article 3. A person other than a narcotic dealer shall not possess, import, manufacture, compound, produce, dispense, prescribe, receive or give away narcotics or use narcotics for the purpose of research;however, this provision shall not be applicable when a person receives narcotics from narcotic practitioners or buys and possesses narcotics, in accordance with the provisions of this Law, from narcotic retail dealers or from dealers in exempt narcotic preparations:
2. Narcotic dealers shall not do any act mentioned in the maim clause of the preceding paragraph except in the course of performing their own profession.
3. A person who possesses narcotics under authority of this Law shall not use them for any purpose other than what he is authorized to pessess for.
Article 4. No person shall commit the following acts:
1) Cultivation of plant which produces narcotics;
2) Export of narcotics;
3) The possession, importation, manufacture, compounding, producing, administering, dispensing, giving away or receiving of diacetylmorphine. its slat, compound, or preparation thereof;
4) Becoming addicted to narcotics so as to be a menace to the public welfare because of his addiction or to lose his self-control as a result of narcotic addiction.
Chapter II. License
Article 5. A person who is qualified to be licensed as a narcotic dealer shall be one of the following and at the same time, one recognized by the Minister of Welfare as proper to be licensed:
1) For narcotic importer:importer of medicines who either is a licensed pharmacist himself or employs a licensed pharmacist;
2) For narcotic manufacturer;narcotic compounder, or narcotic producer:manufacturer of medicines who either is a licensed pharmacist himself or employs a licensed pharmacist;
3) For narcotic central wholesale dealer or local wholesale dealer:seller of medicines who either is a licensed pharmacist himself or employs a licensed pharmacist;
4) For narcotic retail dealer:proprietor of pharmacy;
5) For narcotic practitioner:physician, dentist or veterinary surgeon;
6) For narcotic administrator:physician, dentist or pharmacist;
7) For narcotic research worker:scientific research worker recognized by the Minister of Welfare as having sufficient knowledge and technique relating to narcotics;
8) For dealer in exempt narcotic preparations:seller of medicines.
Article 6. The Ministry of Welfare shall keep a registration book of narcotic dealers, in which matters concernine licensees as narcotic dealers shall be registered:
2. Matters to be registered in accordance with the provision of the preceding paragraph shall be provided for by Ministerial Ordinance.
Article 7. When the Minister of Welfare approves a license for a person as a narcotic dealer, he shall register the said person in the registration book of narcotic dealers and then issue the license.
2. The license mentioned in the preceding paragraph shall not be transferred or loaned to other persons.
Article 8. The license of a narcotic dealer shall be effective from the date of issuance to December 31st of the same year.
Article 9. A person who is going to be registered in the registration book of narcotic dealers in accordance with the provision of Art.7, shall pay the registration fee to the National Treasury according to the following classification:
Narcotic importer, narcotic manufacturer, narcotic compounder, narcotic producer, or narcotic central wholesale dealer:
1,000 yen
Narcotic local wholesale dealer:
700 yen
Narcotic retail dealer, narcotic practitioner, narcotic administrator or dealer in exempt narcotic preparations:
100 yen
Narcotic research worker:
50 yen
Article 10. When a narcotic dealer wishes to apply for cancellation of license, he shall file an application in accordance with the provisions of Ministerial Ordinance.
2. In case of death or dissolution of a narcotic dealer, the heir (the custodian of the property, when the heir is not known;the same hereinafter) or the liquidator shall report the fact in accordance with the provisions of Ministerial Ordinance.
3. When the Minister of Welfare receives the application mentioned in Paragraph 1 or the report mentioned in the preceding paragraph of this Article, he shall delete the registration of the said person from the registration book of narcotic dealers.
Article 11. Change of registration in the registration book of narcotic dealers, reissuance of license, return of license and other necessary matters concerning the registration book of narcotic dealers and licensing of narcotic dealers which are not mentioned in the preceding five Articles shall be provided for by Ministerial Ordinance.
2. A person who applies for change of registration in the registration book of narcotic dealers or reissuance of narcotic dealer's license shall pay the fee of 10 yen to the National Treasury.
Chapter III. Narcotic Dealers
Article 12. A narcotic dealer shall not purchase or receive narcotics from a person who is not a narcotic dealer;however, this provision shall not apply in the case of the main clause of Art 17 or Art.43, Par.3.
Article 13. When a narcotic dealer purchases, receives, sells or gives away narcotics other than exempt narcotic preparations, from or to another narcotic dealer, he shall deliver a transfer form or receipt form issued by the Government to the other party by entering all necessary informations and placing his name and seal on the form.
2. A person who has received the transfer form or receipt form in accordance with the provision of the preceding paragraph shall keep it for the period of two years.
Article 14. A narcotic dealer shall prepare a book for each business office and enter in it the name and quantity of the narcotics imported, manufactured, compounded, produced, received, sold, administered, or dispensed, the date of import, manufacture, compounding, producing, receipt, sale, administering, or dispensing, and also the name and address of the person from whom narcotics were received and to whom narcotics were sold.
2. In the hospital or dispensary where there is a narcotic administrator, the said narcotic administrator shall be required to enter in the book the name and quantity of narcotics which narcotic practitioners in such institution have administered, or dispensed in the said hospital or dispensary, and the date of administering or dispensing. In this case, the provision of the preceding paragraph shall not apply to a narcotic practitioner in such institution.
3. The book mentioned in the preceding paragraph shall be kept for the period of two years.
Article 15. In case narcotics in the possession of a narcotic dealer are lost, stolen or become unknown, or in case accidents provided for by Ministerial Ordinance happens, the narcotic dealer shall immediately report to the prefectural governor of his place of business, the name and quantity and other necessary informations of the narcotics concerned.
Article 16. A narcotic dealer shall store narcotics he possesses in a safe place with lock, apart from other medicines.
Article 17. In case the registration of narcotic dealers (excluding a narcotic administrator) is deleted in accordance with the provisions of Art.10 or 48, or the license loses its effectiveness, and person has thus become no longer a narcotic dealer, the former narcotic dealer, the heir, the liquidator or the company established by amalgamation or the company continuing to exist after amalgamation shall submit, without delay, to the Minister of Welfare a report of the names and quantities of the narcotics that were in the possession of the narcotic dealer concerned, and transfer the narcotics to a narcotic dealer as approved by the Minister of Welfare;however, this provision shall not apply in case the heir or company concerned is a narcotic dealer and is specifically authorized by the Minister of Welfare to receive the narcotics.
Article 18. Any person other than a narcotic importer as defined in this Law shall not import narcotics.
Article 19. When a narcotic importer wishes to import narcotics, he shall first receive authorization of the Minister of Welfare in regard to the name and quantity of the narcotics to be imported and any other information provided for by Ministerial Ordinance.
Article 20. A narcotic importer shall not sell narcotics to persons other than narcotic manufacturers, narcotic compounders, narcotic producers, and narcotic central wholesale dealers.
Article 21. A narcotic importer shall submit a monthly report to the Minister of Welfare on the following matters by the 10th of the following month:
1) The name and quantity of narcotics on hand at the beginning of the month and the unit weight of container into which narcotics are packed (hereinafter referred to as unit weight of container) and the number of such containers;
2) The name and quantity of narcotics by number and unit weight of container imported during the month and the date of import;
3) The name and quantity of narcotics by number and unit weight of container sold during the month, the date of sale and the name, address and registry number of the person to whom narcotics are sold;
4) The name and quantity of narcotics by number and unit weight of container on hand at the end of the month;
5) Other informations provided for by Ministerial Ordinance.
Article 22. Any person other than a narcotic manufacturer as defined in this Law shall not manufacture narcotics.
Article 23. When a narcotic manufacturer wishes to manufacture narcotics, he shall first receive the authorization of the Minister of Welfare for each business office in regard to the name and quantity of narcotics to be manufactured and to the name and quantity of narcotics to be used for manufacture during the period from January to March, April to June, July to September, October to December.
Article 24. A narcotic manufacturer shall not sell narcotics to persons other than narcotic manufacturers, narcotic compounders, narcotic producers and narcotic central wholesale dealers.
Article 25. A narcotic manufacturer shall submit a monthly report to the Minister of Welfare on the following matters for each business office by the 10th of the following moth:
1) The name and quantity of narcotics by number and unit weight of container on hand at the beginning of the month.
2) The name and quantity of narcotics used for manufacture during the month;
3) The name and quantity of narcotics by number and unit weight of container manufactured during the month.
4) The name and quantity of narcotics by number and unit weight of container purchased or sold during the month, the date of purchase and sale, name, address and registry number of the person from whom narcotics were purchased or to whom they were sold;
5) The name and quantity of narcotics by number and unit weihgt of container on hand at the end of the month.
6) Other informations provided for by Ministerial Ordinance.
2. A narcotic manufacturer shall submit a report to the Minister of Welfare on the following matters for each business office within 10 days after the expiration of each period from January to March, April to June, July to September, October to December:
1) The name and quantity of narcotics used for manufacture;
2) The name and quantity of narcotics by number and unit weight of container manufactured;
3) Other informations provided for by Ministerial Ordinance.
Article 26. Any person other than a narcotic compounder as defined in this Law shall not compound narcotics.
2. Any person other than a narcotic producer shall not produce narcotics.
Article 27. When a narcotic compounder or narcotic producer wishes to compound or produce narcotics, he shall first receive the authorization of the Minister of Welfare for each business office in regard to the name and quantity of narcotics to be compounded or produced and to the name and quantity of narcotics to be used for compounding or production during the period from January to March, April to June, July to September, October to December.
Article 28. A narcotic compounder or narcotic producer shall not sell narcotics to persons other than narcotic central wholesale dealers;however, this provision shall not apply in case sales are made by the approval of the Minister of Welfare, or in case exempt narcotic preparations are sold to narcotic local wholesale dealers or dealers in exempt narcotic preparations.
Article 29. A narcotic importer, narcotic manufacturer, narcotic compounder, or narcotic producer shall put the imported, manufactured, compounded or produced narcotics into a container sealed with the seal issued by the Japanese Govenment;however, this provision shall not apply to exempt narcotic preparations.
2. A narcotic dealer shall not purchase narcotics from another narcotic dealer or sell narcotics to another narcotic dealer unless containers are sealed as provided for in Paragraph 1 of this Article;however, this provision shall not apply to exempt narcotic preparations or to specific exceptions as approved by the Minister of Welfare.
Article 30. A narcotic importer, narcotic manufacturer, narcotic compounder, or narcotic producer shall indicate certain particulars provided for by Ministerial Ordinance on the containers or on wrappers of the narcotics which he has imported, manufactured, compounded or produced.
Article 31. A narcotic compounder or narcotic producer shall submit a report to the Minister of Welfare on the following matters for each business office by the 10th of the following month:
1) The name and quantity of narcotics by number and unit weight of container on hand at the beginning of the month;
2) The name and quantity of narcotics by number and unit weight of container used for compounding or producing during the month;
3) The name and quantity of narcotics by number and unit weight of container compounded or produced during the month;
4) The name and quantity of narcotics by number and unit weight of container purchased or sold during the month, the date of purchase or sale and the name, address, and registry number of the person from whom narcotics were purchased or to whom they were sold;
5) The name and quantity of narcotics by number and unit weight of container on hand at the end of the month;
6) Other informations provided for by Ministerial Ordinance.
2. A narcotic compounder or producer shall submit a report to the Minister of Welfare on the following matters for each business office within 10 days after the expiration of each period from January to March, April to June, July to September, October to December:
1) The name and quantity of narcotics by number and unit weight of container used for compounding or producing;
2) The name and quantity of narcotics by number and unit weight of container compounded or produced;
3) Other informations provided for by Ministerial Ordinance.
Article 32. A narcotic central wholesale dealer, or a narcotic local wholesale dealer shall not sell the narcotic container sealed which have damaged or broken seals, in accordance with the provision of Art.29, Par.1, provided that this provision shall not apply when sale of such narcotics is approved by the Minister of Welfare.
Article 33. A narcotic central wholesale dealer shall not sell narcotics to persons other that narcotic local wholesale dealers;however, this provision shall not apply in case sale are made by the approval of the Minister of Welfare or in case exempt narcotic preparations are sold to dealers in exempt narcotic preparations.
Article 34. A narcotic local wholesale dealer shall not sell narcotics to persons other than narcotic retail dealers, narcotic practioners, narcotic administrators, or narcotic research workers having their offices within the prefecture where the local wholesale dealer's office is located;however, this provision shall not apply in case sales are made by the approval of the Minister of Welfare, or in case exempt narcotic preparations are sold to dealers in exempt narcotic preparations.
Article 35. A narcotic central wholesale dealer or a local wholesale dealer shall submit a monthly report to the Minister of Welfare on the following matters for each business office by the 10th of the following month:
1) The name and quantity of narcotics by number and unit weight ot container on hand at the beginning of the month;
2) The name and quantity of narcotics by number and unit weight of container purchased or sold during the month, the date of purchase or sale, and the name, address and registry number of the person from whom narcotics were purchased or to whom they were sold;
3) The name and quantity of narcotics by number and unit weight of container on hand at the end of the month;
4) Other informations provided for by Ministerial Ordinance.
Article 36. A person other than a narcotic retail dealer as defined in this Law shall not sell narcotics prepared according to a narcotic prescription issued by a narcotic practitioner;provided that a narcotic practitioner may dispense the narcotics which he prepares himself according to his own prescription.
2. A narcotics retail dealer shall not call narcotics unless such narcotics are prepared from an original container sealed according to Paragraph 1 of Article 29, pursuant to a narcotic prescription issued by a narcotic practitioner.
3. A narcotic retail dealer shall keep the narcotic prescriptions for two years.
Article 37. A person other than a narcotic practitioner as defined in this Law shall not narcotic prescription.
Article 38. A narcotic practitioner shall not administer, dispense, prescribe or otherwise distribute narcotics except in the course of his professional practice only and then only to persons other than himself or domestic animals.
2. A narcotic practitioner shall not administer, dispense or otherwise distribute narcotics unless the narcotics are from an original container sealed according to Paragraph 1 of Article 29.
Article 39. A narcotic practitioner shall not administer, dispense, prescribe or otherwise distribute narcotics to a narcotic addict for the purpose of relieving his addiction or of treating his addiction.
Article 40. A narcotic practitioner shall, in issuing narcotic prescription, enter his name, address, and registry number, the date and the name, address and diagnosis of the patient on the prescription.
Article 41. In case a narcotic practitioner diagnoses a person to be addicted to narcotics, he shall report immediately to the governor of the prefecture who exercises jurisdiction over the place of his office of business, the name, address, age and sex of the narcotic addict and the name of the narcotics to which he is addicted.
Article 42. A narcotic practitioner shall make a record in regard to the name, address, age, name of the disease, main symptom of the patient to whom narcotics are administered, dispensed or otherwise distributed (in case of a domestic animal, its species, the name and address of the owner), quantity of narcotics administered, dispensed or otherwise distributed and the date.
2. A narcotic practitioner shall keep the record mentioned in the preceding paragraph for two years;however, in a hospital or dispensary in which there is a narcotic administrator, the narcotic administrator is required to keep this record.
Article 43. The establisher of a hospital or dispensary, in which two or more narcotic practitioners are engaged in medical treatment, shall designate a narcotic administrator.
2. In a hospital or dispensary mentioned in the preceding paragraph, a narcotic practitioner shall not administer, or dispense, narcotics unless such narcotics are purchased or received and kept by the narcotic administrator for the administration or dispensation of that hospital or dispensary.
3. When the narcotio administrator of a hospital or dispensary no longer is the narcotic administrator of that hospital or dispensary, the former narcotic administrator (in case of death of the narcotic administrator, the establisher) shall without delay deliver the narcotic that were in the possession of the narcotic administrator to the new successor and report the names and quantities of narcotics to the Minister of Welfare;however, in case the establisher cannot designate a narcotic administrator provided for in Paragraph 1, he shall sell the narcotics that were in the possession of the narcotic administrator to the narcotic dealer approved by the Minister of Welfare.
Article 44. A person other than a narcotic retail dealer in exempt narcotic preparations as defined in this Law shall not retail exempt narcotic preparations.
Article 45. A retail dealer in exempt narcotic preparations shall not sell exempt narcotic preparations unless the purchaser enters his name and address, the name and quantity of narcotics, the purpose of use, date, and his seal in the permanent record maintained by the retail dealer in exempt narcotic preparations.
2. The permanent record mentioned in the preceding paragraph shall be kept for two years.
Article 46. A person other than a narcotic research worker as defined in this Law shall not use narcotics for the purposes of research.
Article 47. A narcotic retail dealer, a narcotic practitioner, a narcotic administrator, or a narcotic research worker shall submit a report in regard to the following informations to the Minister of Welfare, in applying for renewal of license as a narcotic dealer:
1) The name and quantity of narcotics by number and unit weight of container on hand on the date of application for the previous license.
2) The name and quantity of narcotics by number and unit weight of container received, purchased, sold, transfered, administered, dispensed or used for research, between the date of application for previous license and that of application for renewal.
3) The name and quantity of narcotics by number and unit weight of container on hand on the date of application for renewal of license.
2. In the hospital or dispensary where there is a narcotic administrator, the said administrator shall be required to report the abovementioned informations relating to the narcotics which narcotic practitioners in such institution have administered or dispensed in the said hospital or dispensary. In this case, the provision of the preceding paragraph shall not apply to the narcotic practitioner in such institution.
Chapter IV. Supervision
Article 48. In case a narcotic dealer has been convicted of a crime relative to his business, the Minister of Welfare may delete his registration as a narcotic dealer from the registration book.
2. In case a narcotic dealer has committed a minor violation of this Law, the Minister of Welfare or the prefectural governor may suspend his business for a certain period.
Article 49. The Minister of Welfare or a prefectural governor may, whenever he deems it necessary for the control of narcotics, issue necessary orders to narcotic dealers in regard to import, manufacture, compounding, production, purchase, sale, administering, dispensing, prescribing or research of narcotics.
Article 50. The Minister of Welfare may require any narcotic dealer to submit a report relative to his narcotic activities.
Article 51. The Minister of Welfare may take necessary steps to dispose of narcotics possessed, cultivated, imported, manufactured, compounded, produced, purchased, sold, administered, dispensed or used for research in violation of this Law.
Article 52. The Minister of Welfare or a prefectural governor may, whenever he deems it necessary for the control of narcotics, have the competent government or prefectural official enter factory, shop, warehouse, drug-store, pharmacy, or any other place used to store or process narcotics to investigate the structure, facilities, condition of business, documents and other matters or take away any necessary amount of narcotics for the purpose of testing without paving for them.
2. When a government or prefectural official investigates, enters or takes away narcotics in accordance with the provision of the preceding paragraph, he shall carry his identification card with him, and when he is required by the person concerned, he shall show it to him.
Article 53. In spite of the provision of this Law, a narcotic agent may purchase or receive narcotics from any person while conducting an investigation of narcotic violations as authorized by the Minister of Welfare.
Chapter V. Miscellaneous Provisions
Article 54. In this Law the provision of purchase or sale of narcotics shall correspondingly apply to the purchase or sale between the different business offices of the same narcotic dealer.
Article 55. The Minister of Welfare may take necessary steps to dispose of the narcotics confiscated under the provisions of this Law upon consulting with the Minister of Finance.
Article 56. The Minister of Welfare may issue necessary orders for the enforcement of this Law.
Chapter VI. Penal Provisions
Article 57. A person who has violated the provisions of each item of Article 3, Item 1, 2 or 3 of Article 4, Articles 12, 18, 22, Paragraph 1 or 2 of Article 26, Paragraph 1 of Article 36, Article 37, Paragraph 1 of Article 38, Article 39, 44 or 46 shall be subjected to penal servitude not exceeding 5 years or a fine not exceeding 50,000 yen.
2. A person may be subjected to both the penalties mentioned in the preceding paragraph in consideration of the circumstances.
Article 58. A person falling under either of the following shall be subjected to penal servitude not exceeding 3 years or a fine not exceeding 30,000 yen:
1) A person who has violated the provisions of Articles 19, 20, 23, 24, 27, 28, 33, 34, Paragraph 2 of Article 36 or Paragraph 2 of Article 38.
2) A narcotic dealer who purchased the narcotics which other narcotic dealer sells in violation of the provisions of Article 20, 24, 28 or 34.
2. A person may be subjected to both the penalties mentioned in the preceding paragraph in consideration of the circumstances.
Article 59. A person falling under either of the following shall be subjected to penal servitude not exceeding 1 year or a fine not exceeding 10,000 yen:
1) A person who has violated the provisions of Paragraph 2 of Article 7, Paragraph 1 or 2 of Article 13, each paragraph of Article 14, Article 16, Paragraph 1 or 2 of Article 29, Article 30, Paragraph 3 of Article 36, Paragraph 1 or 2 of Article 42, Paragraph 2 of Artidle 43 or Paragraph 1 or 2 of Article 45.
2) A person who has made a false statement in transfer form or receipt form mentioned in Paragraph 1 of Article 13, or in books mentioned Paragraph 1 of Article 14, or in prescription mentioned in Article 40 or in record provided for in Paragraph 1 of Article 42.
3) A person who, in violation of the provisions of Articles 17, 21, 25, 31, 35, Paragraph 3 of Article 43, Paragraph 1 or 2 of Article 47 or Article 50, has neglected report or made a false report.
4) A person who, in violation of the provision of Article 15, has neglected report or made a false report or a person who, in violation of the provision of Article 41, has neglected report.
5) A person who has engaged in his business during the suspension of his activities mentioned in Paragraph 2 of Article 48.
6) A person who has violated the order mentioned in Article 49.
7) A person who has evaded, hindered or refused the disposition mentioned in Article 51 or the inspection or seizure by the competent government or prefectural official mentioned in Paragraph 1 of Article 52.
8) A person who, in violation of the provisions of Article 17 or Paragraph 3 of Article 43, has not transferred narcotics to the person approved by the Minister of Welfare.
2. A person may be subjected to both the penalties mentioned in the preceding paragraph together in consideration of the circumstances.
Article 60. A person who has violated the provision of Paragraph 4 of Article 4 shall be subjected to penal servitude of not less than 6 months and of not more than 1 year.
Article 61. A person falling under either of the following items shall be subjected to a fine not exceeding 5,000 yen:
1) A person who, in violation of the provision of Paragraph 2 of Article 10, has neglected report.
2) A person who, in violation of the provision of Paragraph 1 of Article 11, has not returned the license.
3) A person who has violated the provision of Article 32.
Article 62. A person who attempts to violate each paragraph of Article 3, Items 1, 2 or 3 of Article 4, Articles 12, 18, 22, Paragraph 1 or 2 of Article 26, Articles 28, 33, Paragraph 1 of Article 36, Article 37, Paragraph 1 of Article 38, Article 39, 44 or 46 shall be punished.
Article 63. If any representative of a juridical person, or a proxy, an employee, or other subordinate of a juridical person or a person commits the offence provided for in Article 57, 58, 59, 61 or 62 in connection with the business of the said juridical person or a person, not only the person who committed the offence but also the juridical person or the person shall be subjected to the fine provided for in the abovementioned Articles.
Supplementary Provisions:
Article 64. This Law shall come into force as from the date of its promulgation.
Article 65. The Opium Law (Law No.27 of 1897), the Ordinance concerning the prohibition of possession and so forth of diacetylmorphine hydrochloride and its preparations and the confiscation of diacetylmorphine hydrochloride and its preparations based on the Imperial Ordinance No.542 of 1945 concerning the Orders to be issued in consequence of the acceptance of the Potsdam Declaration (Welfare Ministry Ordinance No.44 of 1945), the Ordinance concerning the prohibition of cultivation of narcotic seeds or plants and the prohibition of manufacture, import or export, etc. of narcotics based on the Imperial Ordinance No.542 of 1945 concerning the Orders to be issued in consequence of the acceptance of the Potsdam Declaration (Welfare Ministry Ordinance No.46 of 1945), the Ordinance concerning the custody, receipt or disposal of the former military narcotics based on the Imperial Ordinance No.542 of 1945 concerning the Orders to be issued in consequence of the acceptance of the Potsdam Declaration (Welfare Ministry Ordinance No.8 of 1946) and the Narcotic Control Regulations based on the Imperial Ordinance No.542 of 1945 concerning the Orders to be issued in consequence of the acceptance of the Potsdam Declaration (Welfare Ministry Ordinance No.25 of 1946) shall be abrogated.
Article 66. A person who has been registered in the registration book of narcotic dealers in accordance with the provisions of the Narcotic Control Regulations on the date of enforcement of this Law shall be regarded as registered in accordance with the provisions of this Law.
Article 67. A person who has been authorized to manufacture narcotics in accordance with the provisions of the Welfare Ministry Ordinance No.46 issued in 1945 on the date of enforcement of this Law shall be regarded as authorized in accordance with the provisions of this Law.
Article 68. A person who has been authorized to compound or produce narcotics in accordance with the provisions of the Narcotic Control Regulations on the date of enforcement of this Law shall be regarded as authorized in accordance with the provisions of this Law.
Article 69. The narcotics sealed in accordance with the provisions of the Narcotic Control Regulations on the date of enforcement of this Law shall be regarded as the narcotics sealed in accordance with the provisions of this Law.
Article 70. A person who has had his narcotic activities suspended in accordance with the provisions of the Narcotic Control Regulations on the date of enforcement of this Law shall be regarded as having his activities suspended in accordance with the provisions of this Law.
2. In this case, the period of suspension shall be the same as before.
Article 71. The particulars indicated on the container of narcotics or its container or wrapper shall be the same as before for the period of one year from the date of enforcement of this Law.
Article 72. In a hospital or dispensary in which two or more narcotic practitioners are engaged in the medical treatment, they may administer dispense or prescribe narcotics as before for the period of two months from the date of enforcement of this Law.
Article 73. The license of narcotic dealers issued under the Narcotic Control Regulations shall be deemed as the license of narcotic dealers provided for by this Law.
Article 74. The Law and Regulations described in Article 65 shall remain valid even after their abrogation for the application of penal provisions to those acts violating the provisions of the said Law and Regulations before their abrogation.
Article 75. Books, papers or records provided for by the Narcotic Control Regulations shall be deemed as books, records, receipt forms or transfer forms provided for by this Law.
Minister of Einance KITAMURA Tokutaro
Minister of Welfare TAKEDA Giichi
Prime Minister ASHIDA Hitoshi