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HRS §329-56

Who must prove an exemption or exception in drug cases

In drug law cases, the State does not have to prove that you do not have an exemption or exception. You must prove it if you claim one. If you say you have a valid registration or order form, you must show proof. Officials doing their jobs are not liable.

everyone

The statute, as written — Burden of proof; liabilities

(a) It is not necessary for the State to negate any exemption or exception in this chapter in any complaint, information, indictment or other pleading or in any trial, hearing, or other proceeding under this chapter. 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 chapter, the person is presumed not to be the holder of the registration or form. The burden of proof is upon the person to rebut the presumption. (c) No liability is imposed by this chapter upon any authorized state, county or municipal officer, engaged in the lawful performance of the officer's duties.
Read the official text at capitol.hawaii.gov ↗as published Jan 6, 2026our copy taken Aug 20, 2026

LawTrove is not legal advice. The summary above is a computer-generated restatement — the authoritative text is the official version linked above.