2011 Hawaii Code
DIVISION 1. GOVERNMENT
TITLE 19. HEALTH
329. Uniform Controlled Substances Act
§329-56 Burden of proof; liabilities.
§329-56 Burden of proof; liabilities. (a) 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. The burden of proof of any exemption or exception is upon the person claiming it.
(b) In the absence of proof that a person is the duly authorized holder of an appropriate registration or order form issued under this chapter, the person is presumed not to be the holder of the registration or form. The burden of proof is upon the person to rebut the presumption.
(c) No liability is imposed by this chapter upon any authorized state, county or municipal officer, engaged in the lawful performance of the officer's duties. [L 1972, c 10, pt of §1; gen ch 1985]
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