Colorado Springs voters appear to approve two competing marijuana measures that will decide the fate of retail shops within city limits. It's unclear which measure will take precedent, meaning the decision could be left to lawyers.
With just over 53 percent of the votes, voters approved Ballot Issue 2D, which amends the city charter to ban retail marijuana businesses within Colorado Springs city limits. The passing of this charter amendment would change the city’s governing document — making it extremely difficult for voters (or council) to reconsider their stance on legalizing recreational marijuana sales in the future.
At the same time, also with just over 53 percent of the vote, Ballot Question 300 was also approved by Colorado Springs voters. The measure allows the approximately 90 existing medical marijuana shops in Colorado Springs to apply for a recreational marijuana license.
"That presents a really interesting legal dilemma for us," Colorado Springs Mayor Yemi Mobolade told reporters at a GOP watch party Tuesday night at the Boot Barn Hall in Colorado Springs. "I'm already in conversations with my city attorney just to get some perspective but we believe in the end our city charter, which is our city constitution, will prevail."
Ballot Issue 2D was referred to the ballot by Colorado Springs City Council. Councilmembers cited that the amendment would keep marijuana out of the hands of underage users and maintain Colorado Springs’ relationship with the five military bases surrounding the city.
“I oppose recreational marijuana,” Councilwoman Lynette Crow-Iverson, one of the biggest proponents of Ballot Issue 2D, previously said. “So I don’t want it to go anywhere.”
Ballot question 300 legalizes recreational marijuana sales within Colorado Springs will also support public safety initiatives and mental health and veteran PTSD programs through a pre-emptive tax measure passed in 2022.
However, about a month before Colorado Springs voters were able to make a decision on whether they would like to see recreational marijuana in their city, Colorado Spring city council approved a zoning ordinance that would essentially ban any future recreational sales within city limits. The ordinance, brought forward by Councilwoman Lynette Crow-Iverson, would ban recreational sales within a mile of schools, daycare facilities, and drug and alcohol treatment centers — essentially making the sale of recreational marijuana illegal in most of the city.
While proponents of Ballot Measure 300 say that this zoning ordinance was a “distraction to attempt to confuse voters,” it is still unclear whether the newly voted ballot measure would take precedence over the zoning ordinance. CPR News reached out to the Colorado Springs’ city attorney's office for clarification on the matter and did not receive a response.
El Paso County's Clerk and Recorder office will resume counting votes on Wednesday.
Dan Boyce and Stephanie Rivera contributed to this report.
