100 LAWS OF MARYLAND. [CH. 59

285S. No person except a manufacturer or a whole-
saler or a retail dealer in surgical instruments, pharmacist,
physician, dentist, veterinarian, nurse or interne, shall at
any time have or possess a hypodermic syringe or needle
or any instrument or implement adapted for the use of
habit forming drugs by hypodermic injections and which
is possessed for the purpose of administering habit form-
ing drugs, unless such possession be authorized by the cer-
tificate of a physician issued within the period of one year
prior hereto.

285T. In any complaint, information, or indictment, and
in any action or proceeding brought for the enforcement of
any provision of this sub-title, it shall not be necessary to
negative any exception, excuse, proviso, or exemption, con-
tained in this sub-title, and the burden of proof of any such
exception, excuse, proviso, or exemption, shall be upon the
defendant.

285U. It is hereby made the duty of the State Depart-
ment of Health, its officers, agents, inspectors and repre-
sentatives, and of all peace officers within the State, and
of all State's Attorneys, to enforce all provisions of this
sub-title, except those specifically delegated, and to co-
operate with all agencies charged with the enforcement of
the laws of the United States, of this State and of all other
States, relating to narcotic drugs.

In all prosecutions under this sub-title, the provisions of
Section 4A of Article 35 of the Code of Public General
Laws shall not apply.

285V. Any person violating any provision of this sub-
title shall, upon conviction, be punished for the first offense
by a fine not exceeding one thousand dollars ($1, 000. 00) or
by imprisonment for not exceeding three years, or both;
and for any subsequent offense by a fine not exceeding
three thousand dollars ($3, 000. 00) or by imprisonment for
not exceeding five years, or both.

285W. No person shall be prosecuted for a violation of
any provision of this sub-title if such person has been ac-
quitted or convicted under the Federal narcotic laws of the
same act or commission, which, it is alleged, constitutes a
violation of this sub-title.

285X. If any provision of this sub-title or the applica-
tion thereof to any person or circumstances is held invalid,