West Virginia § 60A-5-506 Burden of proof; liability of officers

West Virginia Statutes

§ 60A-5-506 — Burden of proof; liability of officers

West Virginia § 60A-5-506

Ch. 60AUNIFORM CONTROLLED SUBSTANCES ACT

Art. 5ENFORCEMENT AND ADMINISTRATIVE PROVISIONS

This text of West Virginia § 60A-5-506 (Burden of proof; liability of officers) is published on Counsel Stack Legal Research, covering West Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

W. Va. Code § 60A-5-506 (2026).

Text

(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.

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(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.