220.25 - Criminal possession of a controlled substance; presumption.

§ 220.25 Criminal possession of a controlled substance; presumption.    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.