Effective - 01 Jan 2017
579.107. Lawful possession, when — burden of proof of any exception or exemption upon defendant. — 1. A person may lawfully possess or have under his or her control a controlled substance if he or she obtained the controlled substance directly from, or pursuant to, a valid prescription or practitioner's order issued in the course of a practitioner's professional practice or except as otherwise authorized by this chapter or chapter 195.
2. In any complaint, information, or indictment, and in any action or proceeding brought for the enforcement of any provision of this chapter or chapter 195, it shall not be necessary to negative any exception, excuse, proviso, or exemption, contained in this chapter or chapter 195, and the burden of proof of any such exception, excuse, proviso or exemption, shall be upon the defendant.
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(RSMo 1939 § 9849, A.L. 1989 S.B. 215 & 58, A.L. 2014 S.B. 491)
Transferred 2014; formerly 195.180; Effective 1-01-17
Structure Missouri Revised Statutes
Title XXXVIII - Crimes and Punishment; Peace Officers and Public Defenders
Chapter 579 - Controlled Substance Offenses
Section 579.015 - Possession or control of a controlled substance — penalty.
Section 579.020 - Delivery of a controlled substance — penalties.
Section 579.030 - Distribution of controlled substance in a protected location — penalty.
Section 579.040 - Unlawful distribution, delivery, or sale of drug paraphernalia — penalties.
Section 579.045 - Fraudulently attempting to obtain a controlled substance — penalty.
Section 579.050 - Manufacture of an imitation controlled substance — penalty.
Section 579.055 - Manufacture of a controlled substance — penalties.
Section 579.065 - Trafficking drugs, first degree — penalty.
Section 579.068 - Trafficking drugs, second degree — penalty.
Section 579.070 - Creating a danger — penalty.
Section 579.072 - Furnishing materials for production of a controlled substance — penalty.
Section 579.074 - Unlawful possession of drug paraphernalia — penalty.
Section 579.076 - Unlawful manufacture of drug paraphernalia — penalties.
Section 579.078 - Possession of an imitation controlled substance — penalty.
Section 579.080 - Delivery of an imitation controlled substance — penalty.
Section 579.082 - Marketing of ephedrine or pseudoephedrine — penalty.
Section 579.090 - Tampering with a prescription or a drug prescription order — penalty.
Section 579.095 - Possession of anhydrous ammonia — penalty.
Section 579.105 - Keeping or maintaining a public nuisance — violation, penalty.
Section 579.110 - Possession of methamphetamine precursors — penalty.
Section 579.150 - Distribution of prescription medication on school property — exceptions — penalty.
Section 579.155 - Possession of prescription medication on school property — exceptions — penalty.
Section 579.170 - Prior and persistent drug offenders, definitions, sentencing.
Section 579.175 - Arrest without warrant, when.
Section 579.180 - Burden of proof of any exception or exemption upon defendant.