## Facts

- Maryland State Police surveilled a red Valiant that later parked in a dark, secluded, overgrown field with the motor and lights off and windows mostly closed.
- Six people, including Lillie Mae Folk, were inside the compact car in close proximity to each other.
- An officer observed an occupant light a cigarette and pass it to another occupant.
- As officers approached and a front window lowered, an officer detected a strong odor of marijuana coming from inside the car.
- Officers ordered the occupants out; a passenger attempted to throw a container onto nearby grass, which was recovered and found to contain marijuana.
- Folk was not seen holding marijuana, and none was found on her person.

## Issues

1. Whether circumstantial evidence was sufficient to prove Folk’s knowing joint possession and control of marijuana found in the vehicle, despite no direct evidence that she physically handled it.

## Decision

- The Maryland Court of Special Appeals affirmed the conviction.
- The court held the evidence permitted a finding beyond a reasonable doubt that Folk had joint possession and control of the marijuana.
- The court relied on the confined setting, visible passing of a smoked cigarette, strong odor in a mostly closed car, the secluded location, and recovery of marijuana discarded from the vehicle.

## Legal Principles

- Maryland law permits joint possession and joint control of narcotics by multiple persons.
- Actual manual possession is not required; joint possession may be inferred from circumstances showing knowledge of the drug and the ability to exercise control over it.
- In a small, enclosed space where marijuana is being openly smoked and its odor pervades the area, a factfinder may infer an occupant’s knowledge and joint control sufficient to constitute possession.

## Conclusion

The court upheld Folk’s marijuana possession conviction because the totality of the circumstances inside the confined vehicle—observable sharing behavior, pervasive odor, and proximity—supported an inference of knowing joint possession and control even without proof that she personally held the contraband.


Folk v. State, 11 Md. App. 508, 275 A.2d 184 (Md. Ct. Spec. App. 1971)