58-37-15. Burden of proof in proceedings on violations -- Enforcement officers
exempt from liability.
(1) It is not necessary for the state to negate any exemption or exception set forth in this
act in any complaint, information, indictment or other pleading or trial, hearing, or other
proceeding under this act, and the burden of proof of any exemption or exception is upon the
person claiming its benefit.
(2) In absence of proof that a person is the duly authorized holder of an appropriate
license, registration, order form, or prescription issued under this act, he shall be presumed not to
be the holder of a license, registration, order form, or prescription, and the burden of proof is
upon him to rebut the presumption.
(3) No liability shall be imposed upon any duly authorized state or federal officer
engaged in the enforcement of this act who is engaged in the enforcement of any law, municipal
ordinance, or regulation relating to controlled substances.
Enacted by Chapter 145, 1971 General Session
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Last revised: Thursday, May 28, 2009