Section 220.25. Criminal possession of a controlled substance; presumption  


Latest version.
  • 1. The presence of a controlled substance in an automobile, other than
      a  public omnibus, is presumptive evidence of knowing possession thereof
      by each and every person in the automobile at the time  such  controlled
      substance  was found; except that such presumption does not apply (a) to
      a duly licensed operator of an automobile who is at the  time  operating
      it for hire in the lawful and proper pursuit of his trade, or (b) to any
      person  in the automobile if one of them, having obtained the controlled
      substance and not being under duress, is authorized to  possess  it  and
      such  controlled  substance is in the same container as when he received
      possession thereof, or (c) when the controlled  substance  is  concealed
      upon the person of one of the occupants.
        2. The presence of a narcotic drug, narcotic preparation, marihuana or
      phencyclidine  in  open view in a room, other than a public place, under
      circumstances evincing an intent to unlawfully mix, compound, package or
      otherwise prepare for sale  such  controlled  substance  is  presumptive
      evidence of knowing possession thereof by each and every person in close
      proximity  to  such  controlled  substance  at  the time such controlled
      substance was found; except that such presumption does not apply to  any
      such  persons  if  (a)  one  of  them,  having  obtained such controlled
      substance and not being under duress, is authorized to  possess  it  and
      such  controlled  substance is in the same container as when he received
      possession thereof, or (b) one of them  has  such  controlled  substance
      upon his person.