2

Burden of Proof; Liabilities.

(a)[No text]

(1)It shall not be necessary for the government to negate any exemption or exception in this Act in any complaint, information, indictment or other pleading or in any trial, hearing or other proceeding under this Act. The burden of proof of any such exemption or exception shall be upon the person claiming its benefit.

(2)In the case of a person charged under § 67.401.1 of this Act with the possession of a controlled substance, any label identifying such substance for purposes of § 503(b)(2) of the Federal Food, Drug and Cosmetic Act [21 USC § 353(b)] 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)In the absence of proof that a person is the duly authorized holder of an appropriate registration or order form issued under this Act, 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 Act shall be on the persons engaged in such use.