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.

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