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Colorado Springs’ plan to ask voters to repeal recreational marijuana sales, six months after they approved it by a wide margin, is unconstitutional, a judge said Monday.
Siding with two residents who filed a lawsuit against the city last month, 4th Judicial District Court Judge Hilary Gurney issued an injunction to block the city from asking voters on an April 1 ballot to repeal Question 300, the ordinance to legalize recreational pot sales by existing medical marijuana dispensaries that passed by a 22,372-vote margin in November.
Under Amendment 64 of the Colorado Constitution, local ballot measures to prohibit the operation of licensed recreational marijuana businesses may appear only on a general election ballot during an even-numbered year.
The effort among the conservative city’s elected leaders to overturn the measure started after Councilmember Dave Donselson said at a Jan. 13 meeting that residents told him they were “confused” by the ballot language. He argued that Question 300 was poorly worded and another vote was needed to “know once and for all” if the city’s residents wanted recreational marijuana in Colorado Springs.
The council voted 7-2 on Jan. 28 to add a measure on the April 1 ballot that would ask voters to repeal Question 300, which passed when a record-breaking number of residents voted in November.
Also on the ballot in November was 2D, which asked for a total ban of recreational marijuana sales. That measure, which needed the support from a majority of voters, failed with 49%.
The push to repeal led to standing-room-only meetings in city council chambers, with dozens of residents — including attorneys, marijuana shop owners and veterans — voicing their concerns over the council members’ anticipated decision to overturn the November vote and set a troubling precedent for future elections.
“The city council was in such a rush to overturn the will of Colorado Springs’ voters that it just ignored state law. Now, the court has held the council accountable for its outrageous and unconstitutional actions,” Adam Gillard, a plaintiff in the case and a U.S. Air Force veteran, said in a statement.
“We hope city council members received the judge’s message that they do not have absolute authority over their residents. We also hope they won’t disregard the law again.”
It’s unclear if the city plans to appeal. A spokesperson for the city council did not immediately return a request for comment and declined a previous request to comment on the lawsuit.
The city of Colorado Springs must mail out military and overseas ballots 45 days before the April 1 election, which is Feb. 14.
The city began accepting applications for recreational marijuana licenses Monday from those who already operate medical marijuana shops. The city has 60 days to review the application. Stores could start selling recreational marijuana as early as April 10.
Type of Story: News
Based on facts, either observed and verified directly by the reporter, or reported and verified from knowledgeable sources.
“}]] Under the Colorado Constitution, ballot measures to prohibit recreational marijuana business may appear only on a general election ballot Read More
