II Defendant was charged with possession with the intent to sell or deliver marijuana in violation of N.C. Gen. Stat. 122 N.C. App. Defendant contends the trial court erred in failing to dismiss this charge because there is no evidence he possessed the drugs found in the dwelling. Possession may be either actual or constructive. 136 N.C. App.
Actual possession requires a party to have physical or personal custody of the item.
Constructive possession, however, exists when a person, although not having actual possession of the controlled substance, has the intent and capability to maintain control and dominion over the controlled substance. 109 N.C. App. Constructive possession of drugs is most often shown by evidence the defendant has exclusive possession of the property in which the drugs are located. 91 N.C. App. Possession of the property where the drugs are located, either exclusive or nonexclusive, is not, however, the sole method of showing constructive possession.