THE OPIUM LAWS.

Taranaki Daily News, Volume LVI, Issue 202, 24 February 1914, Page 2

THE OPIUM LAWS.

NKW PLYMOUTH CHEMIST KINKD. A case of considerable interest to chemists was heard in the Magistrate's Conn, New Plymouth, yesterday, wluin Thomas Jlood, of New Plymouth, chemist, was charged before Mr. A. Crooi;e, S.M., with, firstly, having failed to keep a retailor's opium-book with records of tin: sales, and, secondly, wi'.li having faded to keep a record'of the stuck of opium wl' : ' ' ■ luid on hand. Mr .1. 11. Ui-mpton, Collector of Customs, at New Plymouth, prosiviiled, and Mr I). Hutchen appeared for tin: deieudant.

Mr. Iliiteheji, on behalf of -liis client, pleaded guilty to the first charge, and not guilty to the second. lie Hated that his client was igeorant '>f the regulations regarding tin; sale of opium, which were not in fevee when lie commenced business in New Plymouth, about tlie middle of 1912. He had been informed of the regulations with rejard to the sale of strychnine and arsenic, which he had strictly adhered to, but not of the opium regulations until September last, when the Customs oll'icer visited his premises in connection with the present charges. Knowing that ignorance of the law was no excuse, his client had pleaded guilty to the first charge, but submitted that this admission virtually covered the second, whitdi charge was no aggravation of the lirst. His client had only sold opium as a tincture used in the preparation of medica cul prescriptions. He pleaded for « moderate fine.

Mr J-Icmpton s:vid ho would cull evidence to show that defendant fend usod 721bs of tincture of opium in ten months, whereas at the most abent lOllis should have been sufficient. William O'Meara, former]"- of the Now Plymouth Customs Office, deposed that he made the inspection of defendant's promises, lie found no book was being kept mi tho first visit. {)■ the second occasion no satisfactory particulars of the disposal of the omum were given, lfood said he had so'd about 201bs to one man is Gisborno, and that the other 52lbs had been used in cough mixtures. No book was being kept on the second occasion, although witness told defendant where he could purchase one. The largest amount used by any firm, with oho exception (who was prosecuted), b-.--tyveen here and Hawora, was lOHh in 12 months. Veterinary chemists used mora than other chemists, who did not manufacture. veterinary mcdiciies. About Slbs of ooium suitable for smoking could bo extracted from the 72!bs of tincture of opium. Atfred Ernest" Sykos, duly-qualified chemist, practising in New Plymouth, said that on an average ho used under lib a month ni tincture in his business, lie thought it would be impossible to use 721bs in ten months in disnensinc. To His Worship: The Pharmacy Board, through the medium of The Chemist and Druggist, notified all ehoniists of the passing of the regulations. He thought all chemists understood that tho books had to be kept. William O'Meara, recalled, said that lie found no veterinarian prescriptions in defendant's books at all.

This closed the ease for the prosecution. Tin' defendant gave evidence in suoport of his counsel's contcntiois. He said he had only received about three copies at irregular intervals of the journal Chemist and Druggist during the Jast two years. When in business in Gisborne, later in Pubnerston North, and last year in New Plymouth, lie had used a great quantity of the tincture in tho preparation of a veterinary mixture for one particular man. This particular customer had accounted for quite 2011)3 of the tincture sold iu New Plymouth. He also thought he had two Winchesters (about lolbs) in stock when the inspection was made. He had also used a great quantity in the preparation of a concentrated cough mixture, and had sold a lot to local stablekeepers. He also dispensed for a friendly society, and had between fiOO and 700 patients on his books, which would naturally account for a considerable amount. 11 is Worship remarked that defendant had admitted ignorance, of the regulations. Tike sale of an undue quantity of tincture of opium was suspicious, but on the other hand there was no evidence- to show that defendant knew Inhad to keep a record book. On the first charge defendant convicted and fined £2, and on the second charge a conviction without penalty would be entered. Costs amounting i.o lis, and witiiossc.-' oxjuons',',. £:i 2s, were aliowqd the Department.