§ 4220 — Violations; proceedings

(a) In any complaint, information, or indictment, and in any action or proceeding brought for the enforcement of any provision of this chapter, it shall not be necessary to negate any exception, excuse, proviso, or exemption contained in this chapter and the burden of proof of any such exception, excuse, proviso, or exemption shall be upon the defendant.
(b) No person shall be convicted of a violation of any provision of this chapter if such person shall have been acquitted or convicted under the criminal provisions of the federal drug laws for the same act or omission that, it is alleged, constitutes a violation of this chapter.
(c) On the conviction of any person of the violation of any provision of this chapter, a copy of the judgment and sentence and of the opinion of the court or magistrate, if any opinion be filed, shall be sent by the clerk of the court or by the magistrate to the commission or officer, if any, by whom the convicted defendant has been licensed or registered to practice the person’s profession or to carry on the person’s business, and to the Commissioner of Health, who shall immediately transmit a copy thereof to the professional board, if any, having such person within its jurisdiction. (Added 1967, No. 343 (Adj. Sess.), § 20, eff. March 23, 1968; amended 1971, No. 14, § 23, eff. March 11, 1971; 2023, No. 53, § 114, eff. June 8, 2023.)