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Introduced Version House Bill 2063 History

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hb2063 intr
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.
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