The Town of Richmond appealed the trial magistrate’s decision to dismiss the charged violation of R.I.G.L. 1956 § 21-28-4.01(c)(2)(III) (possession of marijuana, one ounce or less, 18 years or older). The Town argued that the facts at trial demonstrated constructive possession of the marijuana found inside a makeup bag in the back seat of a vehicle in which the Defendant had been a back seat passenger. The Panel noted that proof of constructive possession requires a showing that the defendant knew of the presence of the substance and that he or she intended to exercise control over it. Here, the Corporal testified that he did not see anyone handle the bag, the bag was found near the middle of the back seat of the car, and the bag was sealed and opaque. The Panel held that because the Town did not introduce evidence that the Defendant knew what was in the bag, owned the bag, or intended to exercise control over the bag, the trial magistrate properly dismissed the charged violation for lack of proof.