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:
(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.
1989 c 290 art 3 s 15; 1990 c 602 art 7 s 8; 2005 c 136 art 7 s 21
Structure Minnesota Statutes
Chapter 152 — Drugs; Controlled Substances
Section 152.02 — Schedules Of Controlled Substances; Administration Of Chapter.
Section 152.021 — Controlled Substance Crime In The First Degree.
Section 152.022 — Controlled Substance Crime In The Second Degree.
Section 152.023 — Controlled Substance Crime In The Third Degree.
Section 152.024 — Controlled Substance Crime In The Fourth Degree.
Section 152.025 — Controlled Substance Crime In The Fifth Degree.
Section 152.026 — Mandatory Sentences.
Section 152.0261 — Importing Controlled Substances Across State Borders.
Section 152.0262 — Possession Of Substances With Intent To Manufacture Methamphetamine Crime.
Section 152.027 — Other Controlled Substance Offenses.
Section 152.0271 — Notice Of Drug Convictions; Driver's License Revocation.
Section 152.0273 — Synthetic Drug Sales; Mandatory Restitution.
Section 152.028 — Permissive Inference Of Knowing Possession.
Section 152.092 — Possession Of Drug Paraphernalia Prohibited.
Section 152.093 — Manufacture Or Delivery Of Drug Paraphernalia Prohibited.
Section 152.094 — Delivery Of Drug Paraphernalia To A Minor Prohibited.
Section 152.095 — Advertisement Of Drug Paraphernalia Prohibited.
Section 152.096 — Conspiracies Prohibited.
Section 152.097 — Simulated Controlled Substances.
Section 152.0972 — Precursors Of Controlled Substances.
Section 152.0973 — Report Of Transaction.
Section 152.0974 — Exceptions.
Section 152.10 — Sales, Persons Eligible.
Section 152.101 — Manufacturers, Records.
Section 152.11 — Prescriptions.
Section 152.12 — Health Care Providers May Prescribe.
Section 152.125 — Intractable Pain.
Section 152.126 — Prescription Monitoring Program.
Section 152.13 — Duties Of State Board Of Pharmacy.
Section 152.135 — Restrictions On Sales, Marketing, And Possession Of Ephedrine.
Section 152.136 — Anhydrous Ammonia; Prohibited Conduct; Criminal Penalties; Civil Liability.
Section 152.137 — Methamphetamine-related Crimes Involving Children And Vulnerable Adults.
Section 152.152 — Stayed Sentence Limited.
Section 152.18 — Discharge And Dismissal.
Section 152.20 — Penalties Under Other Laws.
Section 152.205 — Local Regulations.
Section 152.21 — Thc Therapeutic Research Act.
Section 152.24 — Federally Approved Clinical Trials.
Section 152.25 — Commissioner Duties.
Section 152.261 — Rules; Adverse Incidents.
Section 152.27 — Patient Registry Program Established.
Section 152.28 — Health Care Practitioner Duties.
Section 152.29 — Manufacturer Of Medical Cannabis Duties.
Section 152.30 — Patient Duties.
Section 152.31 — Data Practices.
Section 152.32 — Protections For Registry Program Participation.
Section 152.34 — Health Care Facilities.
Section 152.35 — Fees; Deposit Of Revenue.
Section 152.36 — Impact Assessment Of Medical Cannabis Therapeutic Research.