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