2017 Nebraska Revised Statutes
Chapter 28 - CRIMES AND PUNISHMENTS
28-432 Complaint, pleading, or proceeding; burden of proof.
28-432. Complaint, pleading, or proceeding; burden of proof.
(1) It shall not be necessary for the state to negate any exemption or exception set forth in the Uniform Controlled Substances Act in any complaint, information, indictment, or other pleading or in any trial, hearing, or other proceeding under the provisions of the act, and the burden of proof of any such exemption or exception shall be upon the person claiming its benefit.
(2) In the absence of proof that a person is the duly authorized holder of an appropriate registration or order form issued under the Uniform Controlled Substances Act, the person shall be presumed not to be the holder of such registration or form, and the burden of proof shall be upon him or her to rebut such presumption.
- Laws 1977, LB 38, § 92;
- Laws 2001, LB 113, § 14.
A party claiming that the sale of a controlled substance was exempt has the burden of proof that an exemption was applicable. State v. Taylor, 221 Neb. 114, 375 N.W.2d 610 (1985).