90-113.1. Burden of proof; liabilities.
(a) It shall not be necessary for the State to negate any exemption or exception set forth in this Article in any complaint, information, indictment, or other pleading or in any trial, hearing, or other proceeding under this Article, and the burden of proof of any such exemption or exception shall be upon the person claiming its benefit.
(b) In the absence of proof that a person is the duly authorized holder of an appropriate registration or order form issued under this Article, he shall be presumed not to be the holder of such registration or form, and the burden of proof shall be upon him to rebut such presumption.
(c) No liability shall be imposed by virtue of this Article upon any duly authorized officer, engaged in the lawful enforcement of this Article. (1971, c. 919, s. 1.)
Structure North Carolina General Statutes
North Carolina General Statutes
Chapter 90 - Medicine and Allied Occupations
Article 5 - North Carolina Controlled Substances Act.
§ 90-88 - Authority to control.
§ 90-89 - Schedule I controlled substances.
§ 90-89.1 - Treatment of controlled substance analogues.
§ 90-90 - Schedule II controlled substances.
§ 90-91 - Schedule III controlled substances.
§ 90-92 - Schedule IV controlled substances.
§ 90-93 - Schedule V controlled substances.
§ 90-94 - Schedule VI controlled substances.
§ 90-94.1 - Exemption for use or possession of hemp extract.
§ 90-95 - Violations; penalties.
§ 90-95.1 - Continuing criminal enterprise.
§ 90-95.2 - Cooperation between law-enforcement agencies.
§ 90-95.4 - Employing or intentionally using minor to commit a drug law violation.
§ 90-95.5 - Civil liability employing a minor to commit a drug offense.
§ 90-95.6 - Promoting drug sales by a minor.
§ 90-95.7 - Participating in a drug violation by a minor.
§ 90-96 - Conditional discharge for first offense.
§ 90-96.1 - Immunity from prosecution for minors.
§ 90-96.2 - Drug-related overdose treatment; limited immunity.
§ 90-98 - Attempt and conspiracy; penalties.
§ 90-99 - Republishing of schedules.
§ 90-102 - Additional provisions as to registration.
§ 90-103 - Revocation or suspension of registration.
§ 90-104 - Records of registrants or practitioners.
§ 90-106 - Prescriptions and labeling.
§ 90-106.1 - Photo ID requirement for Schedule II controlled substances.
§ 90-106.2 - Recodified as G.S90-12.7 by Session Laws 2016-17, s1, effective June 20, 2016.
§ 90-107 - Prescriptions, stocks, etc., open to inspection by officials.
§ 90-107.1 - Certified diversion investigator access to prescription records.
§ 90-108 - Prohibited acts; penalties.
§ 90-109 - Licensing required.
§ 90-111 - Cooperative arrangements.
§ 90-112.1 - Remission or mitigation of forfeitures; possession pending trial.
§ 90-113.1 - Burden of proof; liabilities.
§ 90-113.3 - Education and research.
§ 90-113.6 - Payments and advances.