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§ 5-807. Burden of proof

West's Annotated Code of MarylandCriminal Law

West's Annotated Code of Maryland
Criminal Law (Refs & Annos)
Title 5. Controlled Dangerous Substances, Prescriptions, and Other Substances (Refs & Annos)
Subtitle 8. Criminal Procedure
MD Code, Criminal Law, § 5-807
Formerly cited as MD CODE Art. 27, § 298
§ 5-807. Burden of proof
Currentness
Burden on claimant
(a)(1) The State need not negate an exemption, proviso, or exception set forth in this title in:
(i) a complaint, information, indictment, or other pleading; or
(ii) a trial, hearing, or other proceeding under this title.
(2) The burden of proof to establish an exemption, proviso, or exception is on the person claiming its benefit.
Presumption concerning registration or form
(b)(1) In the absence of proof that a person is a registrant or holder of an order form issued under § 5-303(d) of this title, the person is presumed not to be a registrant or holder of a form.
(2) The person has the burden of proof to rebut the presumption.

Credits

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002.
Formerly Art. 27, § 298.
MD Code, Criminal Law, § 5-807, MD CRIM LAW § 5-807
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
End of Document