§885 Burden of Proof; Liabilities

Summary

People who claim an exception or exemption under these rules must produce the evidence to back up that claim. The government does not have to deny every claimed exception in its charging papers. If someone is charged under section 844(a) for possessing a controlled substance, a label described in section 353(b)(2) is allowed as evidence and serves as initial proof the drug came from a valid prescription by a practitioner. If a person cannot show they have the required registration or order form, they are assumed not to have it and must produce proof. People who use a vehicle, vessel, or aircraft with a Schedule I drug must show their use complied with these rules. Except as provided in sections 2234 and 2235 of title 18, no civil or criminal liability will be imposed under this subchapter on a duly authorized federal, state, territorial, local, District of Columbia, or possession officer who is lawfully enforcing laws or ordinances about controlled substances.