In November 2024, Colorado Springs voters approved Ballot Question 300, permitting recreational marijuana sales within the city.
The measure passed with a 55% majority, signaling a shift in local policy towards cannabis.
City Council’s Attempt to Repeal
Following the vote, some Colorado Springs City Council members expressed concerns that voters may have been “confused” during the election.
In response, the council voted 7-2 to place a measure on the April 2025 municipal ballot aiming to repeal the recently approved recreational marijuana sales.
Legal Challenge and Court Ruling
The council’s decision faced immediate legal challenges. Opponents argued that under Amendment 64 of the Colorado Constitution, local ballot measures to prohibit recreational marijuana businesses can only appear on a general election ballot during an even-numbered year.
This stipulation was central to the lawsuit filed against the city’s planned April ballot measure.
On February 10, 2025, an El Paso County judge ruled in favor of the plaintiffs, blocking the city’s attempt to hold the repeal vote in April.
The court found that placing the prohibition measure on the April 2025 municipal ballot violated the Colorado Constitution.
Implications of the Ruling
This ruling upholds the November 2024 decision, allowing recreational marijuana sales to proceed in Colorado Springs.
The judgment reinforces the constitutional requirement that any local measures to prohibit such sales must be presented during general elections in even-numbered years.
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Next Steps for Colorado Springs
With the court’s decision, the city must now implement the approved recreational marijuana sales framework.
Existing medical marijuana dispensaries are expected to apply for licenses to expand into recreational sales, adhering to state and local regulations.
Statewide Context
Colorado legalized recreational marijuana through Amendment 64 in 2012, allowing local governments to regulate or prohibit sales within their jurisdictions.
Colorado Springs had previously opted out of recreational sales until the recent voter-approved measure.
Conclusion
The recent court ruling underscores the importance of adhering to constitutional guidelines when proposing local ballot measures.
As Colorado Springs moves forward with implementing recreational marijuana sales, the city joins numerous others in the state embracing the regulated cannabis market.
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