I hereby promulgate the Taima Control Law.
Signed:HIROHITO, Seat of the Emperor
This tenth day of the seventh month of the twenty-third year of Showa (July 10, 1948)
Prime Minister ASHIDA Hitoshi
Taima Control Law
Chapter I. General Provisions
Article 1. The term "Taima" as used in this Law shall mean Taima plants (Cannabis Stativa, L.), the seeds thereof and the substances which are manufactured or compounded from Taima plants and seeds, but shall not include the mature stalk of such plant, any other substances which are produced from such mature stalk (except the resin), the seeds of such plant which are incapable of germination and the substances which are produced from such seeds.
Article 2. The term "Taima Dealer" as used in this Law shall mean Taima producer and Taima research worker.
2. The term "Taima producer" as used in this Law shall mean a person licensed by the Minister of Welfare to cultivate Taima plants for the purpose of producing hemp fiber or seeds.
3. The term "Taima Research Worker" as used in this Law shall mean a person licensed by the Minister of Welfare to cultivate Taima plants or use Taima for the purpose of research.
Article 3. A person other than a Taima dealer shall not cultivate, possess, purchase, receive, sell, transfer Taima or use Taima for the purpose of research.
2. A person who possesses Taima under authority of this Law shall not use it for any other purpose than that for which he is authorized to possess.
Article 4. No person shall commit the following acts:
1) Export or import of Taima;
2) Administering or dispensing of medicines which were manufactured or compounded from Taima.
Chapter II. Licence
Article 5. Any person who wishes to be a Taima dealer shall first be licensed by the Minister of Welfare in accordance with the provisions of Ministerial Ordinance.
2. No licence of a Taima dealer shall be granted to a person falling under either of the following:
1) A person chronically poisoned by narcotics or Taima;
2) A person who has been subjected to confinement or heavier punishment;
3) An incompetent person, a quasi-incompetent person or a minor.
Article 6. The Ministry of Welfare shall keep a registration book of Taima dealers, in which matters concerning the licence of Taima 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 licence for a person as a Taima dealer, he shall register the said person in the registration book of Taima dealers and then issue the licence.
2. The licence mentioned above shall not be transferred or loaned to other persons.
Article 8. The licence of a Taima dealer shall be effective from the date of issuance to December 31 of the same year.
Article 9. A person who is to be registered in the registration book of Taima dealers in accordance with the provision of Art.7 shall pay the registration fee to the National Trasury according to the following classification:
Taima producer |
60 yen |
Taima research worker |
50 yen |
Article 10. When a Taima dealer wishes to apply for the cancellation of licence, he shall file an application in accordance with the provisions of Ministerial Ordinance.
2. In case of death or dissolution of a Taima dealer, the heir (the custodian of the property, when the heir is not known;the same shall apply hereinafter) or the liquidator shall report the fact in accordance with the provisions of Ministerial Ordinance.
3. When the Minister of Welfare received the application mentioned in Par.1 or the report mentioned in the preceding paragraph, he shall delete the registration of the said person from the registration book of Taima dealers.
4. In case the licence of a Taima dealer is cancelled in accordance with the provision of Art.18 or the licence loses its validity, the former Taima dealer shall return the licence to the Minister of Welfare.
Article 11. Change of registration in the registration book of Taima dealers, reissuance of licence, return of licence and other necessary matters concerning the registration book of Taima dealers and the licencing of Taima 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 or reissuance of licence shall pay 10 yen to the National Treasury.
Chapter III. Taima Dealers
Article 12. When a Taima dealer sells, transfer purchases or receives Taima from or to another Taima 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 13. A Taima producer shall not sell or transfer Taima to a person who is not a Taima dealer.
Article 14. A Taima producer shall not remove Taima other than seeds from the field where grown;however, this provision shall not apply in case removals are made by the approval of the Minister of Welfare.
Article 15. A Taima producer shall maintain a permanent record of the following matters and shall submit a report to the Minister of Welfare within 10 days after the expiration of each period from January to March, April to June, July to September, October to December:
1) Quantity of Taima seeds capable of germination on hand at the end of the period;
2) Number of plots or fields under cultivation, their location and their area at the end of the period;
3) Total number of plots or fields cultivated, their location and their total area during the period;
4) Quantity of nature stalks gathered dnring the period;
5) Quantity of yield of hemp fiber or seeds during the period;
6) Quantity of Taima plants or seeds purchased or sold during the period, the date of purchase or sale and the name, address and registry number of the person from whom Taima plants or seeds were purchased or to whom they were sold.
Article 16. A Taima research worker shall not sell or transfer Taima.
Article 17. A Taima research worker shall maintain a permanent record of the following matters and shall submit a report to the Minister of Welfare within 10 days after the expiration of each period from January to March, April to June, July to September, October to December:
1) Quantity of Taima plants or seeds on hand at the end of the period.
2) Number of plots or fields under cultivation, their location and their area at the end of the period.
3) Total number of plots or fields cultivated, their location and their total area during the period.
4) Quantity of Taima plants or seeds used for research during the period.
5) Quantity of Taima plants or seeds purchased during the period, the date of purchase and the name, address, and registry number of the person from whom Taima plants or seeds were purched.
Chapter IV. Supervision
Article 18. In case a Taima dealer has been convicted of a crime relative to his business or committed a minor violation of this Law the Minister of Welfare may cancel the licence of Taima dealers.
Article 19. The Minister of Welfare or a prefectural governor may, whenever he deems it necessary, issue necessary orders to Taima dealers in regard to cultivation, purchase, sale or research of Taima plants.
Article 20. The Minister of Welfare may take necessary steps to dispose of Taima possessed, cultivated, imported, manufactured, purchased sold, administered dispensed, or used for research in violation of this Law.
2. In case the Minister of Welfare takes step to dispose of Taima confiscated under the provisions of the Laws and Ordinances in accordance with the provision of the preceding paragraph, he shall consult with the Minister of Finance and Minister of Agriculture and Forestry about the disposition.
Article 21. The Minister of Welfare or a prefectural governor may, whenever he deems it necessary, have the competent government or prefectural official enter the plot or field, warehouse, laboratory, or any other place connected with Taima to investigate the situation of activities, documents and other matters or take away any necessary amount of Taima for the purpose of testing without paying for them.
2. When a government or prefectural official investigates, enters or takes away Taima 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.
Chapter V. Miscellaneous Provisions
Article 22. The districts and areas for Taima cultivation shall be determined by the Minister of Welfare and the Minister of Agriculture and Forestry.
Article 23. Necessary matters for the enforcement of this Law which are not mentioned in this Law shall be provided for by Ministerial Ordinance.
Chapter VI. Penal Provisions
Article 24. A person who has violated the provisions of Par.1 or 2 of Art.3, Art.4, 13, 14 or 16 shall be subjected to penal servitude not exceeding 3 years or a fine not exceeding 30,000 yen.
2. A person may be subjected to both the penalties mentioned in the preceding paragraph according to circumstances.
Article 25. 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 Par.2 of Art.7 or Par.2 of Art.12.
2) A person who has failed to prepare or who has falsely prepared the receipt form or transfer form mentioned in Par.1 of Art.12 or a person who has not delivered the receipt form or transfer form mentioned in Par.1 of Art.12.
3) A person who has failed to maintain the record or who has falsely prepared the record mentioned in Art.15 or 17.
4) A person who has failed to report or who has falsely prepared the report mentioned in Art.15 or 17.
2. A person may be subjected to both the penalties mentioned in the preceding paragraph according to circumstances.
Article 26. A person falling under either of the following shall be subjected to a fine not exceeding 5,000 yen:
1) A person who, in violation of the provision of Par.2 of Art.10 has neglected to report.
2) A person who has violated the provision of Par.4 of Art.10.
3) A person who has violated the order mentioned in Art.19.
4) A person who has evaded hindered or refused the disposition mentioned in Par.1 of Art.20 or the inspection or seizure mentioned in Par.1 of Art.21.
Article 27. If any representative of a juridical person or a proxy, an employee, or other subordinate of a juridical person or a person has committed the offence provided for in Arts.24 to 26 in connection with the business of the said juridical person or the person, not only the person who has committed the offence but also the juridical person or the person shall be subjected to the fine provided for in Arts.24 to 26.
Supplementary Provisions:
Article 28. This Law shall come into force as from the day of its promulgation.
Article 29. The marihuana 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 (Ministries of Welfare and Agriculture and Forestry Ordinance No.1 of 1947) shall be abrogated.
Article 30. A person who has been registered in the registration book of marihuana dealers in accordance with the provisions of the Marihuana Control Regulations on the date of enforcement of this Law, shall be deemed to have been registered in accordance with the provisions of this Law.
Article 31. The licence of marihuana dealers issued under the Marihuana Control Regulations shall be deemed to be the licence of Taima dealers provided for by this Law.
Article 32. Forms provided for by the Marihuana Control Regulations shall be deemed to be the receipt form or transfer form provided for by this Law.
Article 33. Penalties provided for the conduct of violation of the Marihuana Control Regulations before the promulgation of this Law, shall be the same as before.
Minister of Finance KITAMURA Tokutaro
Minister of Welfare TAKEDA Giichi
Minister of Agriculture and Forestry NAGAE Kazuo
Prime Minister ASHIDA Hitoshi