The California Supreme Court has thrown out misdemeanor cannabis-related charges against an 85-year-old woman, finding the trial court was within its discretion to consider her lack of knowledge of the unlicensed operation happening in her building.
In an opinion issued Thursday, the justices reversed an appellate court ruling that had upended the trial court dismissal of charges against Emily Wheeler brought by the city of Los Angeles, noting that while knowledge is not a prerequisite for the charges, the city’s policy has moved toward leniency regarding those least culpable in such crimes.
According to the opinion, Wheeler was charged in 2019 with misdemeanors after an informant purchased cannabis from another defendant who lived in Wheeler’s building, and she moved to dismiss, saying she only owned the building and had no knowledge of the illegal activities.
The trial court denied her motion — because the statute in question does not allow for motions to dismiss from a defendant — but dismissed the charges anyway on its own motion, citing Wheeler’s age and her blemish-free record, as well as the absence of evidence that she knew anything about the operation.
