(a) It is not necessary for the state to negate any exemption or exception in this act in any complaint, information, indictment, or other pleading or in any trial, hearing, or other proceeding under this act. The burden of proof of any exemption or exception is upon the person claiming it.
(b) In the absence of proof that a person is the duly authorized holder of an appropriate registration or order form issued under this act, he is presumed not to be the holder of the registration or form. The burden of proof is upon him to rebut the presumption.
(c) No liability is imposed by this act upon any authorized state, county, or municipal officer, engaged in the lawful performance of his duties.
Structure West Virginia Code
Chapter 60A. Uniform Controlled Substances Act
Article 5. Enforcement and Administrative Provisions
§60A-5-501. Powers of Enforcement Personnel
§60A-5-502. Administrative Inspections and Warrants
§60A-5-506. Burden of Proof; Liability of Officers
§60A-5-508. Education and Research
§60A-5-509. Unlawful Retaliation Against Health Care Providers