324.041. Testing positive for a controlled substance, presumption of illegal possession. - Missouri Statutes

Testing positive for a controlled substance, presumption of illegalpossession.

324.041. For the purpose of determining whether cause for disciplineor denial exists under the statutes of any board, commission, or committeewithin the division of professional registration, any licensee, registrant,permittee, or applicant that tests* positive for a controlled substance, asdefined in chapter 195, RSMo, is presumed to have unlawfully possessed thecontrolled substance in violation of the drug laws or rules and regulationsof this state, any other state, or the federal government unless he or shehas a valid prescription for the controlled substance. The burden of proofthat the controlled substance was not unlawfully possessed in violation ofthe drug laws or rules and regulations of this state, any other state, orthe federal government is upon the licensee, registrant, permittee, orapplicant.

(L. 2008 S.B. 788)

*Word "test" appears in original rolls.