Burden of proof of any exception or exemption upon defendant
When someone is charged with a drug crime, the government does not have to prove that the person had no special permission or exception. If a person claims they had legal permission — like a special registration or doctor's order — that person has to be the one to show proof of it. Without that proof, it is assumed they did not have permission.
579.180. of any or upon . — 1. It is not necessary for the state to negate any exemption or exception in this chapter or chapter 195 in any , , , or other or in any trial, , or other under this chapter or chapter 195. The of producing evidence of any exemption or exception is upon the person claiming it.
2. In the absence of that a person is the of an or issued under chapter 195, the person is not to be the holder of the registration or form. The burden of producing evidence with respect to the registration or order form is upon such person claiming to be the holder of the registration or form.
Tap any gold-underlined word to see what it means.
Source & history notes
(L. 1989 S.B. 215 & 58, A.L. 2014 S.B. 491) Transferred 2014; formerly 195.367; Effective 1-01-17
Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.