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 fact finder 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:

criminal case

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Terms Used In Minnesota Statutes 152.028

  • Controlled substance: means a drug, substance, or immediate precursor in Schedules I through V of section 152. See Minnesota Statutes 152.01
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Person: includes every individual, copartnership, corporation or association of one or more individuals. See Minnesota Statutes 152.01
  • Unlawfully: means selling or possessing a controlled substance in a manner not authorized by law. See Minnesota Statutes 152.01

(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 fact finder 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 152.021, 152.022, 152.023, 152.0261, or 152.0262. 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.