152.028 PERMISSIVE INFERENCE OF KNOWING POSSESSION.
Subdivision 1. Residences.
The presence of a controlled substance in open view in a room,
other than a public place, under circumstances evincing an intent by one or more of the persons
present to unlawfully mix, compound, package, or otherwise prepare for sale the controlled
substance permits the factfinder to infer knowing possession of the controlled substance by each
person in close proximity to the controlled substance when the controlled substance was found.
The permissive inference does not apply to any person if:
(1) one of them legally possesses the controlled substance; or
(2) the controlled substance is on the person of one of the occupants.
Subd. 2. Passenger automobiles.
The presence of a controlled substance in a passenger
automobile permits the factfinder to infer knowing possession of the controlled substance by the
driver or person in control of the automobile when the controlled substance was in the automobile.
This inference may only be made if the defendant is charged with violating section
. The inference does not apply:
(1) to a duly licensed operator of an automobile who is at the time operating it for hire in the
lawful and proper pursuit of the operator's trade;
(2) to any person in the automobile if one of them legally possesses a controlled substance; or
(3) when the controlled substance is concealed on the person of one of the occupants.
History: 1989 c 290 art 3 s 15; 1990 c 602 art 7 s 8; 2005 c 136 art 7 s 21