State v. Wiggins

MORRIS, Judge.

Defendant contends that the trial court erred by admitting the marijuana into evidence and in denying his motions for non-suit because there was no evidence which showed that the drug was in defendant’s actual or constructive possession.

An accused has possession of marijuana within the meaning of the Controlled Substances Act when he has both the power and intent to control its disposition. The possession may *293be either actual or constructive. State v. Baxter, 285 N.C. 735, 208 S.E. 2d 696 (1974). Constructive possession of marijuana exists when the accused is without actual…