Colorado Springs Voters Approve Two Contradictory Marijuana Ballot Measures To Both Allow And Ban Recreational Sales

The mayor said the result of the two votes creates “a really interesting legal dilemma for us.”

By Sara Wilson, Colorado Newsline

Colorado Springs voters approved two competing ballot measures this week, one that would ban retail marijuana in the city and another that would allow existing medical marijuana stores to also sell recreationally.

As of 6 p.m. on Wednesday night, about 53 percent of voters approved Ballot Issue 2D, a city charter amendment referred by City Council that would prohibit sales within city limits. About the same share of voters also approved Ballot Question 300, an initiated ordinance which would allow the approximately 90 medical marijuana stores in the city to apply for a recreational license.

Mayor Yemi Mobolade said the result creates “a really interesting legal dilemma for us,” according to Westword.

“Although the election is not final until the results are certified, it appears as though both Ballot Question 2D and Ballot Question 300 will have been approved by the voters. If this is the case, Ballot Question 300 must be read, interpreted, and implemented in a manner to be consistent and harmonious with Ballot Question 2D,” city spokesperson Max D’Onofrio wrote in an email.

The city charter takes precedence over ordinances, so provisions of Ballot Question 300 that conflict with Ballot Issue 2D cannot be implemented, which appears to mean recreational marijuana sales would continue to be outlawed. D’Onofrio said the city is currently reviewing the ballot language. City Council next meets on November 12.

At the same time, backers of Ballot Issue 2D are optimistic.

“When all the votes are counted and the will of voters is given effect, responsible regulation will be law and the city council’s cynical ploy will be defeated,” Citizens for Responsible Marijuana Regulation said in a statement. “We know that those in municipal government will defer to the clearly expressed intent of voters to authorize recreational marijuana, and we look forward to working with city leaders over the coming months to create a responsible regulatory framework.”

In September, City Council approved a new zoning ordinance that bans future recreational marijuana sales within one mile of schools, day care facilities, and drug and alcohol treatment centers.

Colorado Springs voters in 2022 rejected an initiated ordinance that would have allowed recreational marijuana sales.

This story was first published by Colorado Newsline.