s 18A Presumption of possession and knowledge of psychoactive substances
18A.—(1) Any person who is proved to have had in his or her possession or custody or under his or her control —(a) anything containing a psychoactive substance; (b) the keys of anything containing a psychoactive substance; (c) the keys of any place or premises or any part of that place or premises in which a psychoactive substance is found; or (d) a document of title relating to a psychoactive substance or any other document intended for the delivery of a psychoactive substance, is presumed, until the contrary is proved, to have had that psychoactive substance in his or her possession. (2) Where a person is proved or presumed to have had a psychoactive substance in his or her possession, the person is presumed, until the contrary is proved —(a) to have known that the psychoactive substance has the capacity to have a psychoactive effect on an individual if the individual smokes, administers to himself or herself or otherwise consumes, the substance or product; and (b) to not believe (and to have had no reason to believe) that the psychoactive substance is an excluded substance. (3) The presumptions provided for in this section are not to be rebutted by proof that the accused never had physical possession of the psychoactive substance. (4) Where one of 2 or more persons with the knowledge and consent of the rest has any psychoactive substance in his or her possession, it is deemed to be in the possession of each and all of them.[Act 12 of 2023 wef 01/06/2024]