United States v. Wong Sing
Headline: Court allows federal prosecution under 1919 drug law for buying narcotics not in original stamped packages, reversing dismissal and letting prosecutors charge buyers as well as sellers.
Holding: The Court reversed the dismissal and held that the 1919 amendment makes it unlawful to purchase narcotics except in original stamped packages, allowing federal prosecutors to charge buyers even though purchasers need not register.
- Allows federal prosecutors to charge people who buy drugs outside original stamped packages.
- Buyers can face criminal charges even if not required to register and pay tax.
- Reverses dismissal and returns the case for further proceedings.
Summary
Background
An individual named Wong Sing was indicted by the federal government on two counts involving morphine and cocaine. The first count accused him of possessing drugs for sale without registering and without paying a special tax under the 1914 law. The second count accused him of buying narcotics that were not in original stamped packages and not obtained from a registered dealer or by prescription, based on the 1919 amendment. Wong Sing withdrew a not‑guilty plea and demurred, arguing the indictment failed to state an offense. The district court sustained the demurrer and expressed concern the 1919 amendment might be unconstitutional unless read narrowly.
Reasoning
The Court addressed whether the 1919 provision that forbids purchases except in original stamped packages stands apart from the portion of the law that requires certain people to register and pay taxes. The Justices explained the two provisions are related but independent: one directly forbids certain purchases, and the other lists who must register and pay the special tax. The Court applied earlier decisions that allowed Congress to impose conditions to make a revenue law effective and rejected the district court’s fear that the amendment would be unconstitutional under the earlier case. The Supreme Court concluded Congress could lawfully place conditions on buyers as well as sellers and therefore reversed the dismissal.
Real world impact
This ruling allows federal prosecutions to proceed against people who buy narcotics outside the original stamped packages. It means buyers can be criminally charged even though purchasers are not required to register and pay the special tax. The decision reverses a dismissal and sends the case back to the lower court for further proceedings, so the final determination of guilt was not made here.
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