Lake Elsinore Medical Marijuana Collective Ordered To Close

A medical marijuana collective located in the city of Lake Elsinore has been ordered to shut down, and the owners say they will abide but not give up the fight.

Yesterday, a Riverside County Superior Court judge issued a temporary restraining order on behalf of the city to force the closure of Lake Elsinore Medical Collective on Casino Drive.

The collective, also known as 420 Hitters and R Side Medical, is owned by Luis "Carlos" Stahl and his son Eric.

"We will abide by the order but will continue to pursue this matter as far as we can," Carlos said by phone Thursday morning.

The collective has operated under a city-issued business license in different locations throughout Lake Elsinore for nearly a year. But in recent months the city revoked the license after it was discovered the collective was distributing marijuana to its members, according to Lake Elsinore Code Enforcement Manager Robin Chipman.

In December 2009, Lake Elsinore City Council members voted to approve a ban on medical marijuana operations in the city.

Despite the ban, Carlos Stahl contends his business license did not prevent him from selling medical marijuana to his collective members.

"No where does it say 'no marijuana,'" he said.

Stahl contends he has been the victim of harassment and that ongoing police raids have been initiated by City Hall.

by sheriff’s deputies in connection with a four-month long investigation of Lake Elsinore Medical Collective.

Among those arrested was Carlos's wife and Eric’s mother, Carol Stahl. According to police reports, she was arrested for “conspiracy as well as possession, transportation, and cultivation of marijuana for sale.”

Carlos and Eric were never arrested and they reopened for business less than 48 hours after the sting.

Carlos said he continues to challenge city officials because he views the medical marijuana ban as illegal.

Indeed, the ban's constitutionality is being tested in several California courts. Cities throughout the state have implemented similar medical marijuana bans, and lawsuits challenging the bans have yet to be decided.

In California, medical marijuana is legal. And legal experts agree the bans present an interesting quagmire; many expect to see the issue 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 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.”