Possession of things enumerated in § 5-68-405 creates a presumption

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  1. (a)

    1. (1) The possession of any three (3) of the things enumerated in § 5-68-405, except the possession of them for the purpose of return to the person from whom received, creates a presumption that the things are intended for sale or commercial distribution, exhibition, or gift.

    2. (2) However, the presumption under subdivision (a)(1) of this section is rebuttable.

  2. (b) The burden of proof that the possession of the things is for the purpose of return to the person from whom received is on the possessor.


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