Medical Marijuana Operation To Reopen In Lake Elsinore

A Lake Elsinore medical marijuana collective that was earlier this year has been granted a stay to reopen for business.

According to Luis “Carlos” Stahl, the collective’s co-owner, the court-issued stay was granted last week. Lake Elsinore Code Enforcement Manager Robin Chipman confirmed the city has also received notification of the stay.

The operation, which was ordered closed in March, was last located at 31760 Casino Dr., Suite 102.

Speaking by phone Monday afternoon, Carlos said he and his son plan to reopen their establishment somewhere in the city this week.

“We will probably reopen in the same place on Casino Drive,” he said, but noted the operation could be relocated. “We have a lot of options, but we put the most money into the Casino Drive location.”

In December 2009, Lake Elsinore City Council members voted to approve a ban on medical marijuana operations in the city and the Stahls were subsequently ordered to close. But the constitutionality of such bans is being challenged statewide and many legal experts say the prohibition presents a legal quagmire that may eventually be taken up by the state Supreme Court.

Under the state's Compassionate Use Act of 1996 and the subsequent Medical Marijuana Program Act that became law on Jan.1, 2004, qualified patients and their primary caregivers are permitted "to use, possess and cultivate marijuana for medical purposes without criminal prosecution" in California.

In 2008, then California Attorney General Jerry Brown issued medical marijuana guidelines that state, “Under California law, medical marijuana patients and primary caregivers may associate within the State of California in order collectively or cooperatively to cultivate marijuana for medical purposes.”

The state law, however, conflicts with federal law. Per the feds, marijuana is illegal, but legislation has recently been introduced that, if passed into law, would take marijuana off the list of federally banned substances.

For their part, the Stahls say they will continue to persevere for as long as they can. Their collective has operated under a city-issued business license in different locations throughout Lake Elsinore, but earlier this year the city revoked the license after it was discovered the collective was distributing marijuana to its members.

Carlos contends his business license did not prevent him from selling medical marijuana to his collective members, and he says he has been the victim of harassment and that ongoing police raids have been initiated by City Hall.

In March by sheriff’s deputies in connection with a four-month long investigation of the collective. Among those arrested was Carlos's wife and Eric’s mother, Carol Stahl.

While the city is currently evaluating its legal options under the recent court order, Chipman said the city will abide by the stay.

“This is much bigger than Lake Elsinore,” he said of the laws surrounding medical marijuana.

In the meantime, Chipman said the court may have prevented the city from enforcing the ban against the Stahls, but they will be required to follow all other city codes wherever they decide to reopen.