Introduced Version
House Bill 2063 History
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Key: Green = existing Code. Red = new code to be enacted
H. B. 2063
(By Delegate Manypenny)
[Introduced February 13, 2013; referred to the
Committee on Health and Human Resources then the Judiciary.]
A BILL to amend and reenact §60A-5-506 of the Code of West
Virginia, 1931, as amended, relating to the uniformed
controlled substances act; and declaring that a defendant has
the right to a presumption of medical necessity in any trial,
hearing or other proceeding under this act, for use or
possession of medical marihuana.
Be it enacted by the Legislature of West Virginia:
That §60A-5-506 of the Code of West Virginia, 1931, as
amended, be amended and reenacted to read as follows:
ARTICLE 5. ENFORCEMENT AND ADMINISTRATIVE PROVISIONS.
§60A-5-506. Burden of proof; liability of officers.
(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 or she is presumed not to be the holder
of the registration or form. The burden of proof is upon him or
her 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 or her duties.
(d) Notwithstanding any other provision of this code to the
contrary, it is hereby declared to be the intent of the Legislature
that a defendant has the right to a presumption of medical
necessity in any trial, hearing or other proceeding under this act,
for use or possession of medical marihuana.
NOTE: The purpose of this bill is to declare that a defendant
has the right to a presumption of medical necessity in any trial,
hearing or other proceeding under this act, for use or possession
of medical marihuana.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.