Two police officers responded to an anonymous tip about two young men involved in a possible drug deal at a gas station. The officers did not see anyone at the station, but they saw D. H. and D. I. walking on a nearby street. The young men matched the description provided by the tipster, so the officers stopped their car in front of them, got out and asked where they were coming from. When the young men said they were coming from the gas station, the officers asked if they could search them, and both D. H. and D. I. consented. In D. H.’s pants pocket, the officers found rolling papers commonly used for smoking and they found less than an ounce of marijuana in D. I.’s pocket. D. H. and D. I. admitted that they had just bought the marijuana from someone at the gas station for $15 and that they were planning to smoke the marijuana at a nearby construction site. The police officers issued citations to the young men, who were both 15 years old, and released them to their parents at the scene. A delinquency petition was filed charging D. H. with possession of less than an ounce of marijuana. D. H. filed a general demurrer challenging the constitutionality of OCGA § 16-13-2 b, which was cited in the petition. At the hearing on the demurrer, the juvenile court judge orally announced that he was overruling the demurrer. Thereafter, based on stipulated facts, the judge found D. H. delinquent for possessing less than one ounce of marijuana. D. H. appeals from the adjudication of delinquency, invoking this Court’s exclusive appellate jurisdiction in cases in which the constitutionality of a law has been drawn into question. See Ga. Const. Art. VI, Sec. VI, Par. II 1; Jenkins v. State , __Ga.__ 1 Case Number S08A0761, decided November 17, 2008.
1. D. H. contends that the evidence is insufficient to support the finding of delinquency because he never possessed the marijuana, which was in the sole possession of D. I. This contention is without merit. “Possession of contraband may be joint or exclusive, and actual or constructive.” Cit. “A person who knowingly has direct physical control over a thing at a given time is in actual possession of it. A person who, though not in actual possession, knowingly has both the power and the intention at a given time to exercise dominion or control over a thing is then in constructive possession of it.” Cits. Herberman v. State , 287 Ga. App. 635, 637 1 653 SE2d 74 2007.
