
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 21USC885]

 
                        TITLE 21--FOOD AND DRUGS
 
              CHAPTER 13--DRUG ABUSE PREVENTION AND CONTROL
 
                  SUBCHAPTER I--CONTROL AND ENFORCEMENT
 
            Part E--Administrative and Enforcement Provisions
 
Sec. 885. Burden of proof; liabilities


(a) Exemptions and exceptions; presumption in simple possession offenses

    (1) It shall not be necessary for the United States to negative any 
exemption or exception set forth in this subchapter in any complaint, 
information, indictment, or other pleading or in any trial, hearing, or 
other proceeding under this subchapter, and the burden of going forward 
with the evidence with respect to any such exemption or exception shall 
be upon the person claiming its benefit.
    (2) In the case of a person charged under section 844(a) of this 
title with the possession of a controlled substance, any label 
identifying such substance for purposes of section 353(b)(2) of this 
title shall be admissible in evidence and shall be prima facie evidence 
that such substance was obtained pursuant to a valid prescription from a 
practitioner while acting in the course of his professional practice.

(b) Registration and order forms

    In the absence of proof that a person is the duly authorized holder 
of an appropriate registration or order form issued under this 
subchapter, he shall be presumed not to be the holder of such 
registration or form, and the burden of going forward with the evidence 
with respect to such registration or form shall be upon him.

(c) Use of vehicles, vessels, and aircraft

    The burden of going forward with the evidence to establish that a 
vehicle, vessel, or aircraft used in connection with controlled 
substances in schedule I was used in accordance with the provisions of 
this subchapter shall be on the persons engaged in such use.

(d) Immunity of Federal, State, local and other officials

    Except as provided in section 2234 and 2235 of title 18, no civil or 
criminal liability shall be imposed by virtue of this subchapter upon 
any duly authorized Federal officer lawfully engaged in the enforcement 
of this subchapter, or upon any duly authorized officer of any State, 
territory, political subdivision thereof, the District of Columbia, or 
any possession of the United States, who shall be lawfully engaged in 
the enforcement of any law or municipal ordinance relating to controlled 
substances.

(Pub. L. 91-513, title II, Sec. 515, Oct. 27, 1970, 84 Stat. 1279.)

                       References in Text

    Schedule I, referred to in subsec. (c), is set out in section 812(c) 
of this title.
