Louisiana Revised Statutes 40:990 – 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, h
Terms Used In Louisiana Revised Statutes 40:990
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
- Person: includes any institution whether public or private, hospitals or clinics operated by the state or any of its political subdivisions, and any corporation, association, partnership, or one or more individuals. See Louisiana Revised Statutes 40:961
- State: means the state of Louisiana. See Louisiana Revised Statutes 40:961
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
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 La. Rev. Stat. 40:984 engaged in the enforcement of any law, regulation, or municipal ordinance relating to controlled dangerous substances.
Added by Acts 1972, No. 634, §1; Acts 2006, No. 834, §1; Acts 2018, No. 206, §4.