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Smell of Victory

A Riverside County judge rules in favor of a Lake Elsinore collective
 

By Jasen T. Davis      

 

The Medical Marijuana Program Act that became law on Jan.1, 2004 allows licensed patients and careg

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A Riverside County judge rules in favor of a Lake Elsinore collective

 

By Jasen T. Davis      

 

The Medical Marijuana Program Act that became law on Jan.1, 2004 allows licensed patients and caregivers “to use, possess and cultivate marijuana for medical purposes without criminal prosecution.”

When Jerry Brown was Attorney General of California in 2008, he issued guidelines that stated that “under California law, medical marijuana patients and primary caregivers may associate within the State of California in order to collectively or cooperatively cultivate marijuana for medical purposes.”

Luis “Carlos” Stahl is the owner of a medical cannabis collective in Lake Elsinore that opened to the benefit of 5,000 patients living in the area. He also owns and operates a concrete company and a manufacturing facility, so he understands how to run an operation following all the proper codes, ordinances and guidelines.

When the Lake Elsinore City Council voted to ban all collectives operating in the city in 2009, Stahl became the target of frequent raids by the city, resulting in thousands of dollars in damages and legal fees.

“A police officer tried to come in here and shut us down,” Stahl says. “I stood in front of the door and told him I had to have a search warrant from the judge and 24 hours notice, or else I’d call 911.”

A deputy sheriff arrived to keep the peace. “The local sheriff told the police officer that he had to leave and come back with a warrant.”

Two weeks later, they did.

“A city inspector and two police officers came back with a warrant and broke down the door. They took pictures and posed around my place like they had killed a lion,” says Stahl.

Stahl still insisted on staying open, because he hadn’t broken any laws. “They told Southern California Edison to shut down the power, citing unsafe code violations.” Stahl claims there were no violations. “After everyone left, I installed a portable generator and went back to work.”

Although Stahl’s been raided and arrested many times, in August he won a lawsuit against Lake Elsinore, and a court-issued stay by Riverside County Superior Court Judge Bernard J. Schwartz that allowed him to open once again.

Although the city has frequently tried to close his business, which also operates under the title 420 Hitters and R Side Medical, a judge has denied their complaint every time. But in August city officials once again raided his place.

“A few weeks after our last court hearing, [we were raided by] a code enforcement officer along with a few officials and a big pickup truck,” says Stahl. “They wrapped a chain around my front doors, tied it to the bumper and tore it right off the doors before my wife could even get the door for them. Glass and flying metal went everywhere.”

However, he’s opened up another collective since then.

“We went to court, but they couldn’t prove I was a nuisance to the city. I’m not harming the community, which is why the judge keeps ruling in for us.”

Stahl is a military veteran with no previous criminal background. He employs a dozen people at the collective, including his wife.

“I’m not afraid to fight for my rights,” he says.

 

 

 

Municipal Madness

 

Much like many cities in Southern California, Lake Elsinore prohibits dispensaries—and yet claims that its ban doesn’t conflict with state law. You know, that silly ol‘ law that legalizes medical cannabis. “Medical marijuana dispensaries are prohibited in all City zones, and no permit shall be issued therefore,” according to the city’s municipal code. That code, however, goes on to say that the prohibition “shall in no way limit the right to possess, use or cultivate marijuana for medicinal purposes as authorized by the laws of the state of California.” Yeah, that makes a lot of sense—not!

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