Marvin Mandel, Governor                            905

298. Enforcement, Burden of Proof and Liabilities, etc.:

(a)  Burden of Proof: It shall not be necessary for the State
to negate any exemption, proviso or exception set forth in this sub-
heading in any complaint, information, indictment or other pleading
or in any trial, hearing, or other proceeding under this subheading,
and the burden of proof of any such exemption, proviso or excep-
tion shall be upon the person claiming its benefit. In the absence
of proof that a person is the duly authorized holder of an appro-
priate registration or order form issued under this subheading, he
shall be presumed not to be the holder of such registration or form,
and the burden of proof shall be upon him to rebut such pre-
sumption.

(b)  Liabilities of Officers: No criminal liability shall be imposed
by virtue of this subheading upon any duly authorized officer of
the United States, this State or any political subdivision of this
State engaged in the enforcement or prosecution of this subheading,
who shall be engaged in the enforcement of any law or municipal
ordinance relating to controlled dangerous substances. EVERY
SUCH PUBLIC OFFICIAL MAY TEMPORARILY POSSESS CON-
TROLLED DANGEROUS SUBSTANCES OR CONTROLLED
PARAPHERNALIA INCIDENTAL TO THE DISCHARGE OF HIS
OFFICIAL DUTIES.

(c)  Immunity for Witnesses: No person shall, upon pain of
contempt of court, refuse to testify concerning any violations of
the provisions of this subheading because his testimony might tend
to incriminate him or implicate him in such violations and every
such person shall be a competent witness and compellable to testify
against any person who may have committed any of the offenses
set forth under this subheading, provided that any person so com-
pelled to testify on behalf of the State in any such case shall be
exempt from prosecution, trial and punishment for any and all such
crimes and offenses about which such person was so compelled to
testify.

(d)  Notice of Conviction: Upon the conviction of any person
for a violation of any provision of this subheading, a copy of the
judgment and sentence and of the opinion of the court, if any
opinion be filed, shall be sent by the clerk of the court to the board,
officer or agency, if any, by whom the convicted defendant has
been licensed or registered to practice his profession or to carry on
his business. Any such board, officer or agency may revoke or
suspend such license or registration or so reprimand any such
person so convicted. A duplicate copy of the judgment and sentence
and opinion, if any opinion be filed, shall be sent to the Department.
Provided, however, that this subsection shall not apply to condi-
tional discharge for first offenders so defined in Section 292 of this
subheading.

(e)  Standard Governing Arrest, Search and Seizure: Notwith-
standing any other provision of law to the contrary, any violation
of any provision of this subheading, shall be deemed to be a felony
for purposes of arrest, search and seizure regardless of whether
a defendant is subsequently charged with or convicted of a viola-
tion which amounts only to a misdemeanor.

(f)  Evidence: Notwithstanding any provision of law to the con-
trary, at any hearing relating to bail or sentencing arising out of