People v. Brace

Defendant pled guilty to unlawful possession of methamphetamine precursors without a prescription., after having been previously convicted of unlawful possession of methamphetamine. The exception for persons with a valid prescription for the precursor is not part of the body of the offense, but withdraws certain persons from the operation of the statute. Thus, the exception is a matter of defense, and the State has no burden to disprove it. Thus the State was not required to prove Defendant did not have a prescription for the precursor in her possession to establish a violation of Section 120(a) of the Methamphetamine Act. (HARRIS and POPE, concurring.)