Title 21 — Food and Drugs
Part E · Chapter 13 — Drug Abuse Prevention and Control
§ 885. Burden of proof; liabilities
Statutory text
Exemptions and exceptions; presumption in simple possession offenses
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.
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
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
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
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.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Controlled Substances Act
Pub. L. 91–513 title II § 515 · 84 Stat. 1236
Enacted · 21 U.S.C. § 885
(Pub. L. 91–513, title II, § 515, Oct. 27, 1970, 84 Stat. 1279.)
Source evidence
Code source credit
(Pub. L. 91–513, title II, § 515, Oct. 27, 1970, 84 Stat. 1279.)Enacted provision · exact public law section
Sec. 515. burden of proof; liabilities (a) (1) It shall not be necessary for the United States to negative any exemption or exception set forth in this title in any complaint, information, indictment, or other pleading or in any trial, hearing, or other proceeding under this title, 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 404(a) with the Ante, p. 1264. possession of a controlled substance, any label identifying such substance for purposes of section 503 (b)(2) of the Federal Food, Drug, and Cosmetic Act shall be admissible in evidence and shall be prima 65 Stat. 648. 21 USC 353. 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) In the absence of proof that a person is the duly authorized holder of an appropriate registration or order form issued under this title, 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) 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 title shall be on the persons engaged in such use. (d) Except as provided in sections 2234 and 2235 of title 18, Liabilities, prohibitlon. 62 Stat. 803. United States Code, no civil or criminal liability shall be imposed by virtue of this title upon any duly authorized Federal officer lawfully engaged in the enforcement of this title, 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.
1 of 1 references resolved to an enrolled provision
Editorial Notes
References in Text
Schedule I, referred to in subsec. (c), is set out in section 812(c) of this title.