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Official Code of Georgia Annotated

Title 16. CRIMES AND OFFENSES · Chapter 13. CONTROLLED SUBSTANCES · Article 2. REGULATION OF CONTROLLED SUBSTANCES · Part 1. SCHEDULES, OFFENSES, AND PENALTIES

16-13-50. Burden of proof; liability of enforcement officers in lawful performance of duties.

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Current through: Including Acts of the 2025 Regular Session of the General Assembly.

  1. (a)

    It is not necessary for the state to negate any exemption or exception in this article in any complaint, accusation, indictment, or other pleading or in any trial, hearing, or other proceeding under this article. The burden of proof of any exemption or exception is upon the person claiming it.#

  2. (b)

    In the absence of proof that a person is the duly authorized holder of an appropriate registration or order form issued under this article, he is presumed not to be the holder of the registration or form. The burden of proof is upon him to rebut the presumption.#

  3. (c)

    No liability is imposed by this article upon any authorized state, county, or municipal officer engaged in the lawful performance of his duties.#

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Code 1933, § 79A-829, enacted by Ga. L. 1974, p. 221, § 1.

Read the official page (the state's PDF, opened at the page this text was read from).

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from t16-ch12-17-(v14b)-2024-pdf.pdf, Volume V14B, 2024 edition, pages 579 to 580; merge action: carried; file SHA-256 36dbab616896.