PRIA, Government Policy, Made Personal

Summary

The law says that if someone claims an exception or exemption, the person claiming it must bring forward the evidence. The government does not have to disprove those claims. If a person is charged under section 844(a) for having a drug, a label on the drug can be used in court and counts as initial proof that it came from a valid prescription for purposes of section 353(b)(2). If someone does not show they hold a required registration or order form, they are presumed not to have it and must prove they do. People who use a car, boat, or plane with a Schedule I drug must show they used it legally under the rules. Federal, State, local, and other authorized officers who are lawfully enforcing these drug rules are not subject to civil or criminal penalties because of these laws, except as allowed by sections 2234 and 2235 of title 18.

Title 21, §885

Food and Drugs, Source: USLM XML via OLRC

(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.

Editorial Notes

References in Text

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

§885 Burden of Proof; Liabilities

Summary

Title 21, §885

Notes & Related Subsidiaries

Editorial Notes

References in Text

Citations & Metadata