Burden of proof — Liability of officers

  1. Law
  2. Arkansas Code
  3. Criminal Offenses
  4. Offenses Against Public Health, Safety, or Welfare
  5. Controlled Substances
  6. Uniform Controlled Substances Act — Enforcement and Administration
  7. Burden of proof — Liability of officers

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  1. (a)

    1. (1) It is not necessary for the state to negate any exemption or exception in this chapter in any complaint, information, indictment, or other pleading or in any trial, hearing, or other proceeding under this chapter.

    2. (2) The burden of proof of any exemption or exception is upon the person claiming it.

  2. (b)

    1. (1) In the absence of proof that a person is the duly authorized holder of an appropriate registration or order form issued under this chapter, he or she is presumed not to be the holder of the registration or order form.

    2. (2) The burden of proof is upon him or her to rebut the presumption.

  3. (c) No liability is imposed by this chapter upon any authorized state, county, or municipal officer engaged in the lawful performance of his or her duties.


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