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Regulations
& Codified CSA > USC > Subchapter
I, Part E > Section 885
Section 885. Burden of Proof; Liabilities
Exemptions and exceptions; presumption in simple possession offenses
(a)(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.
Registration and order forms
(b) 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.
Use of vehicles, vessels, and aircraft
(c) 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.
Immunity of Federal, State, local and other officials
(d) Except as provided in sections 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, Section 515, Oct. 27, 1970, 84 Stat. 1279.)
EDITORIAL NOTES
References in Text. Schedule I, referred to in subsec. (c), is set out in section 812(c) of this title.
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