961.56 Burden of proof; liabilities.
(1) It is not necessary for the state to negate any exemption or exception in this chapter in any complaint, information, indictment or other pleading or in any trial, hearing or other proceeding under this chapter. The burden of proof of any exemption or exception is upon the person claiming it.
(2) In the absence of proof that a person is the duly authorized holder of an appropriate federal registration or order form, the person is presumed not to be the holder of the registration or form. The burden of proof is upon the person to rebut the presumption.
(3) No liability is imposed by this chapter upon any authorized state, county or municipal officer or employee engaged in the lawful performance of the officer's or employee's duties.
History: 1971 c. 219, 307; 1993 a. 482; 1995 a. 448 s. 307; Stats. 1995 s. 961.56.
Structure Wisconsin Statutes & Annotations
Wisconsin Statutes & Annotations
Chapter 961 - Uniform controlled substances act.
961.001 - Declaration of intent.
961.003 - Uniformity of interpretation.
961.11 - Authority to control.
961.115 - Native American Church exemption.
961.23 - Dispensing of schedule V substances.
961.235 - Records relating to sales of pseudoephedrine products.
961.24 - Publishing of updated schedules.
961.25 - Controlled substance analog treated as a schedule I substance.
961.32 - Possession authorization.
961.335 - Special use authorization.
961.337 - Drug disposal programs.
961.34 - Controlled substances therapeutic research.
961.37 - Law enforcement duty.
961.385 - Prescription drug monitoring program.
961.39 - Limitations on optometrists.
961.395 - Limitation on advanced practice nurses.
961.41 - Prohibited acts A — penalties.
961.42 - Prohibited acts B — penalties.
961.43 - Prohibited acts C — penalties.
961.44 - Penalties under other laws.
961.443 - Immunity from criminal prosecution; possession.
961.452 - Defenses in certain schedule V prosecutions.
961.453 - Purchases of pseudoephedrine products on behalf of another person.
961.455 - Using a child for illegal drug distribution or manufacturing purposes.
961.46 - Distribution to persons under age 18.
961.47 - Conditional discharge for possession or attempted possession as first offense.
961.472 - Assessment; certain possession or attempted possession offenses.
961.473 - Victim impact panels.
961.48 - Second or subsequent offenses.
961.495 - Possession or attempted possession of a controlled substance on or near certain places.
961.50 - Suspension or revocation of operating privilege.
961.51 - Powers of enforcement personnel.
961.52 - Administrative inspections and warrants.
961.53 - Violations constituting public nuisance.
961.54 - Cooperative arrangements and confidentiality.
961.555 - Forfeiture proceedings.
961.56 - Burden of proof; liabilities.
961.565 - Enforcement reports.
961.573 - Possession of drug paraphernalia.
961.574 - Manufacture or delivery of drug paraphernalia.
961.575 - Delivery of drug paraphernalia to a minor.
961.576 - Advertisement of drug paraphernalia.
961.577 - Municipal ordinances.
961.65 - Possessing materials for manufacturing methamphetamine.
961.67 - Possession and disposal of waste from manufacture of methamphetamine.
961.69 - Possession, use, manufacture, distribution, or advertisement of a masking agent.