U.S Code last checked for updates: May 01, 2024
§ 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
(c)
Use of vehicles, vessels, and aircraft
(d)
Immunity of Federal, State, local and other officials
(Pub. L. 91–513, title II, § 515, Oct. 27, 1970, 84 Stat. 1279.)
cite as: 21 USC 885