(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 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 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.
(Pub. L. 91-513, title II,
Sec. 515, Oct. 27, 1970, 84 Stat. 1279.)