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2018 Maryland Code
Criminal Law
Title 5 - Controlled Dangerous Substances, Prescriptions, and Other Substances
Subtitle 8 - Criminal Procedure
§ 5-807. Burden of proof
Universal Citation: MD Crim Law Code § 5-807 (2018)
(a) Burden on claimant. --
(1) The State need not negate an exemption, proviso, or exception set forth in this title in:
(i) a complaint, information, indictment, or other pleading; or
(ii) a trial, hearing, or other proceeding under this title.
(2) The burden of proof to establish an exemption, proviso, or exception is on the person claiming its benefit.
(b) Presumption concerning registration or form. --
(1) In the absence of proof that a person is a registrant or holder of an order form issued under ยง 5-303(d) of this title, the person is presumed not to be a registrant or holder of a form.
(2) The person has the burden of proof to rebut the presumption.
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