§ 40:990 — Burden of proof; liabilities

§990. Burden of proof; liabilities
A. It shall not be necessary for the state to negate any exemption or exception set
forth in this Part in any complaint, information, indictment, or other pleading or in any trial,
hearing, or other proceeding under this Part, 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 Part, 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 Part upon any duly authorized law
enforcement officer, the Louisiana Board of Pharmacy or its employees as provided in R.S.
40:984 engaged in the enforcement of any law, regulation, or municipal ordinance relating
to controlled dangerous substances.

Legislative History

Added by Acts 1972, No. 634, §1; Acts 2006, No. 834, §1; Acts 2018, No. 206, §4.