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Burden Of Proof In Utah Marijuana Cases


Utah Code § 58-37-15 addresses the burden of proof responsibility in controlled substance related cases. Under this Section:

  • It isn’t necessary for Utah to negate any exemption or exception in the Controlled Substance Act in complaint, information, indictment, pleading, trial, hearing, or proceeding. The burden of proof in such instances is on the person claiming the benefit of such an exception
  • In absence of proof that a person is the authorized holder of a license, registration, or prescription, he or she is presumed not to be the holder of the license, registration or prescription.
  • Authorized state and federal officers who are engage in enforcement of the Controlled Substances Act are not liable under any municipal ordinance or regulation related to controlled substances.

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(801) 455-1743