United States Supreme Court Cases & Opinions

U.S. Supreme Court

Nigro v. United States, 276 U.S. 332 (1928)

Nigro v. United States

No. 600

Argued January 11, 12, 1928

Decided April 9, 1928

276 U.S. 332

Syllabus

1. In § 2 of the Anti-Narcotic Act, as amended, which provides that it shall be unlawful for "any person" to sell, etc., any of the drugs specified in the first section except in pursuance of a written order of the person to whom the article is sold, etc., on a form issued by the Commissioner of Internal Revenue, the words "any person" include all persons, and not merely those who by § 1 are required to register and pay the tax. P. 276 U. S. 340.

2. So construed, the provision is constitutional. P. 276 U. S. 351.

3. The Act, as amended February 24, 1919, is a genuine taxing act. P. 276 U. S. 352.

4. The provision in question, being reasonably adapted to enforcement of the tax, is not an undue invasion of the police power of the states, and an incidental motive to discourage harmful uses of the drugs taxed would not make it so. P. 276 U. S. 353.

Response to questions certified by the circuit court of appeals relative to the conviction of Nigro for selling morphine without a written order from the purchaser on an official form.

Page 276 U. S. 337