§885 Burden of proof; liabilities

Summary

People who claim an exemption or exception under this law must bring the evidence for it. The United States does not have to disprove those claims in a complaint, indictment, or trial. If someone is charged under section 844(a) for possessing a drug, a label meeting section 353(b)(2) can be used in court and counts as initial proof the drug came from a valid prescription. If a person does not prove they hold a required registration or order form, they are presumed not to have it and must prove otherwise. People using a vehicle, vessel, or aircraft with Schedule I drugs must show their use was legal. Except as provided in sections 2234 and 2235 of title 18, properly authorized federal, state, territorial, local, District of Columbia, or possession officers who are lawfully enforcing drug laws cannot be held civilly or criminally liable for actions taken while enforcing this law.