Pubdate: Thu, 24 Jun 2010
Source: Press-Enterprise (Riverside, CA)
Copyright: 2010 The Press-Enterprise Company
Contact: http://www.pe.com/localnews/opinion/letters_form.html
Website: http://www.pe.com/
Details: http://www.mapinc.org/media/830
Author: Gene Ghiotto
Cited: Lake Elsinore City Council 
http://www.lake-elsinore.org/index.aspx?page=337

LAKE ELSINORE COUNCIL DENIES AN APPEAL SEEKING TO REINSTATE A 
BUSINESS LICENSE FOR MARIJUANA COLLECTIVE

The operator of an unlicensed medical-marijuana dispensary in Lake 
Elsinore vowed to keep his business open despite a decision by the 
City Council to uphold the revocation of his business license.

"We're going to do everything we can to remain open," Carlos Stahl, 
operator of R Side Medical, said Wednesday.

The Lake Elsinore City Council voted unanimously Tuesday to deny the 
appeal by Stahl to keep his business open. On Wednesday, Stahl said 
he believes he is operating within state medical marijuana laws.

The council cited a violation of his business license for the 
revocation, saying he had been selling medical marijuana when the 
license authorized him only to sell clothing, holistic medicine and 
apparel. The license specifically stated that it did not include 
medical-marijuana sales.

In a letter to the council, Stahl said he was challenging the city's 
authority to ban medical-marijuana collectives and said the city has 
the authority to zone areas to allow collectives.

"The lack of proper zoning imposes an excessive burden on R Side 
Medical to conduct its legal operations in accordance with the safe 
implementation of the state's compassionate use act," Stahl told the council.

But Councilman Bob Magee said the city is not limiting the use of 
medical marijuana.

"The issue here is the issuance of a business license and the use of 
a storefront as a retail establishment," Magee said.

Stahl applied for the business license last December.  In the process 
of approving it, city officials believed the term "holistic 
medicines" to be vague.

The applicant was told of the city ordinance that prohibits 
medical-marijuana dispensaries and a note was placed at the bottom of 
the business license indicating it did not allow the sale of medical 
marijuana, according to a staff report.

Code enforcement officers ordered the business closed May 20 
following an inspection prompted by complaints of marijuana sales at the store.

The closure, said R Side Medical customer David Harmic, will make it 
difficult for him to live without pain.

"We will all suffer if you shut this down," Harmic said. "A lot of 
people are going to suffer." 
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MAP posted-by: Richard Lake