Kier v. State
Court of Appeals of Georgia
663 S.E.2d 832 (2008)
A traffic stop revealed the smell of marijuana and a recently smoked joint on the floorboard of a car driven by Dixon, with Kier (defendant) sitting behind him among several passengers; a witness testified Dixon and another passenger, not Kier, had been smoking, and that she never saw Kier possess marijuana. Kier, who showed no signs of drug use, had no paraphernalia, and had no marijuana residue near her seat, was nonetheless convicted of possession, and appealed, arguing insufficient evidence.
Whether, to obtain a conviction for constructive possession of marijuana, the prosecution must show that the defendant knowingly had both power over the marijuana and the intent to exercise control over the marijuana.