After a lengthy court battle, the Fourth District Court of Appeal, Division Two ruled against the city of Lake Elsinore in its efforts to prohibit medical marijuana dispensaries within its boundaries.
In December of 2009, the City Council members of Lake Elsinore voted to ban medical marijuana operations in the city, which included the collective called R Side Medical among other names, owned by Luis "Carlos" Stahl and his son Eric. Because the state law conflicts with the federal law on the legality of marijuana, the constitutionality of such bans are being challenged across California. Many lawyers, such as the Stahl's attorney Christopher M. Glew of the Law Offices of Glew & Kim, contend that the ban presents a serious legal quandary that may eventually reach the Supreme Court.
The Stahls' collective operated under a city-issued business license in Lake Elsinore, and Carlos Stahl insists that his license did not prohibit him from distributing marijuana to its members. In March after a four-month investigation, the city formally disagreed, serving search warrants and arresting three people, including Carlos Stahl's wife, Carol Stahl.
"The Stahls had been a victim of police harassment for months, which showed blatant bias against medical marijuana collectives," explains Glew. "We are happy that the Court of Appeal saw the legality of our case and ruled in favor of our client, the Stahls. This is a victory for not just the Stahls, but for the people who depend on these dispensaries for relief from illnesses."
The Stahls will waste no time in reopening their business at its most recent location on Casino Drive, and will be required to strictly follow all city codes, according to Lake Elsinore Code Enforcement Manager Robin Chipman.
The Law Offices of Glew & Kim, P.C. is a criminal defense law firm specializing in marijuana law. The firm is based in Santa Ana, California. Initial consultations are always free and payment plans are accepted. The highest percentage of our cases involve drug and marijuana-related offenses. The firm is dedicated to the reform of marijuana laws through organizations such as the Marijuana Policy Project, NORML (National Organization for the Reform of Marijuana Laws), and Americans for Safe Access.
Christopher M. Glew began focusing on drug and marijuana-related offenses in 2002. Mr. Glew has a strong background of advocacy for the re-classification of marijuana and other schedule I substances that have empirically demonstrated therapeutic applications. Mr. Glew utilizes his extensive pharmacological and scientific knowledge of substances to best serve his clients. Mr. Glew is first and foremost an advocate for change and will represent each and every client charged with a marijuana/drug offense with the most zealous defense.
If you're in need of a defense attorney for your medical marijuana collective, please call the Law Offices of Glew & Kim immediately on 866-416-2161, or use our online form for a Free Case Analysis. We believe in equal access to justice for all, and getting medication to those people who need it.
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