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Two Colorado Springs residents are suing the city after its elected leaders moved to repeal a voter-approved ordinance allowing the sale of recreational marijuana, saying their move violates the Colorado Constitution, according to court documents filed Friday.
The lawsuit, filed in El Paso County District Court, alleges the city council violated Amendment 64, which legalized statewide marijuana sales in 2014. Under the amendment, local ballot measures to prohibit the operation of licensed recreational marijuana businesses must only appear on a general election ballot during an even numbered year.
The ordinance passed by a 22,372-vote margin in November, while a competing measure to ban recreational marijuana was defeated by 2,739 votes.
Renze Waddington, an owner of The Epic Remedy, a medical marijuana dispensary in Colorado Springs, and Adam Gillard, the executive director of El Paso County Progressive Veterans, both plaintiffs on the lawsuit, also argue that the city council selected a confusing and misleading language for their repeal measure, asking voters whether to overturn the November ordinance on the April 1 ballot.
Gillard represents veterans who would be eligible to receive post-traumatic stress disorder treatment programs funded through a portion of the tax revenue generated by the ordinance legalizing recreational marijuana sales.
“The Colorado Springs city council acted without regard to the Colorado Constitution, which specifically prohibits the city council’s gambit here,” attorneys wrote.
The lawsuit comes three days after council members voted 7-2 to ask residents whether to repeal the citizen-initiated ordinance, Question 300, that allowed licensed medical marijuana shops to start selling recreational marijuana. Some council members said a second vote was necessary to make sure this was indeed the voters’ “intent,” citing confusing language.
A spokesperson for the city declined to comment on behalf of the council members, citing the pending litigation.
The city council’s decision this week marked further resistance to recreational marijuana in a city whose officials have long argued that it contributes to crime and increased drug use. Prior to November’s vote, Colorado Springs was the largest city in the state that has refused to allow the sale of recreational marijuana since it became legal more than a decade ago.
“It is not only outrageous that this council believes it can overturn the will of the voters simply because they don’t agree with the result, but it is blatantly unconstitutional,” Tom Scudder, president of the Colorado Springs Cannabis Association said in a statement. “We look forward to the courts enforcing the voters’ will and sending a message to this city council that they do not have absolute authority over its citizens.”
While the city approved medical marijuana in 2017 and has since issued about 90 licenses for medical marijuana shops, those looking to buy pot without a medical card must drive to Manitou Springs, about a 10-minute drive west from downtown, 35 minutes south to Pueblo or 30 minutes north to Palmer Lake.
During a city council meeting earlier this month, Councilmember David Leinweber said he had concerns about younger kids having more access to the drug.
“Research has increasingly linked early and frequent marijuana (use) to elevated risks of psychosis, anxiety and mental health challenges, particularly in youth whose brains are still developing,” Leinweber said.
Councilmember Dave Donelson, who led the repeal effort, said this month that he received emails from residents who were confused by the ballot question.
But according to the lawsuit, city leaders, including the city clerk and city attorney, approved the language for Question 300 prior to it being placed on the ballot and that no resident or city council member objected to the “accuracy, completeness, or fairness” before the election.
The lawsuit also alleged that the language approved by city council is “deceptive” and “inaccurate” as the ordinance fails to inform voters that under Question 300, only those who currently hold medical marijuana licenses would be authorized to sell recreational marijuana.
On Tuesday, city council approved the following language for the April 1 ballot:
“Shall the initiated ordinance that appeared as Ballot Question 300 in the November 5, 2024 election which legalized recreational marijuana sales for the first time in the City of Colorado Springs be repealed?”
The new ballot measure also misleads voters by failing to state that repealing Ballot Question 300 would prevent the collection of new tax revenue from recreational marijuana sales for public safety, mental health and veterans’ PTSD treatment, among other issues, the lawsuit claimed.
Despite approving the repeal measure, city council members this month also approved an ordinance that created an additional sales tax of 5% on recreational marijuana sales in the city. City officials estimate about $2 million per year could be funneled into that fund, which will support those public safety programs, though the amount is highly dependent on how many medical marijuana business owners apply for licenses to sell recreational marijuana.
“These are material and significant omissions from the title set by city council that will prevent voters from understating what a ‘yes’ or ‘no’ vote on the repeal measure really means,” the lawsuit stated.
The plaintiffs are asking the court to prevent the city from placing the repeal measure on the April 1 ballot. As an alternative, it is asking for the court to find that the ballot language set by the city will “confuse, mislead and deceive” voters and order an amendment.
It’s not clear how soon a judge will issue a ruling, but any decision can be appealed directly to the Colorado Supreme Court. The city of Colorado Springs must mail out military and overseas ballots 45 days before the April 1 election, which is Feb. 14.
If the measure asking voters to repeal Question 300 passes in April, then licensing and sales of recreational marijuana in Colorado Springs will again be prohibited.
Type of Story: News
Based on facts, either observed and verified directly by the reporter, or reported and verified from knowledgeable sources.
“}]] Months after voters approved recreational marijuana sales, city leaders approved a measure that would ask voters to repeal the ordinance Read More
