After weeks of back-and-forth over whether Colorado Springs voters would once again weigh in on recreational marijuana sales this spring, the Colorado Supreme Court has put the issue to rest — for now.
The state Supreme Court’s decision Thursday means recreational marijuana sales can begin in the city for the first time.
The issue has been a longstanding source of division in the city, influenced in part by its sizable military population and its proximity to Fort Carson and other military installations.
In November, 54 percent of Colorado Springs voters voted to allow existing medical dispensaries to sell recreational marijuana within city limits.
But following that vote, the Colorado Springs city council voted 7-2 in January to put the issue back on the spring ballot, with Councilmembers Nancy Henjum and Yolanda Avila voting against it.
Councilmember Dave Donelson, who led the re-vote effort, said that voters must have been “confused” by competing ballot issues. Ballot Question 300 — which voters approved — allowed recreational marijuana sales in the city for the first time, while the other proposal, Ballot Issue 2D, would have amended the city charter to ban retail marijuana businesses within city limits. That measure did not pass.
“I have heard from voters both before the election and after it that they didn't understand Ballot Question 300,” Councilmember Donelson said in a city council meeting in January. “So I believe there was confusion among voters. Was it all voters? Absolutely not. Was it even the majority? I don't think so. Was it enough, was it 11,000 voters? I think it may have been.”
Soon after city council decided to put the issue back on the ballot, the leader of a Colorado Springs-based veteran group and a local cannabis shop owner decided to file a lawsuit against the city. On Monday, an El Paso County district judge sided with the citizens, blocking the issue from appearing on the April ballot. But officials decided to file an emergency appeal with the Colorado Supreme Court due to the pressing deadline for mailing ballots to overseas voters.
Last night, the State Supreme Court announced it would not weigh in on the case, allowing the passage of Ballot Measure 300 to stand.
“It's kind of surreal at this point,” said Adam Gillard, executive director of El Paso County Progressive Veterans and one of the plaintiffs of the lawsuit. “But I mean, they're printing ballots now and getting them out the door, so yeah, we're kind of ecstatic, it's been such a long fight.”
The legalization of recreational sales will also provide the revenue for a tax measure passed in 2022. Around the state, cities that have legalized recreational marijuana sales have directed tax income from sales to support a range of community initiatives. In Colorado Springs, that tax revenue would go toward public safety, mental health and veteran PTSD programs.
In response to the Supreme Court’s decision, the city said it would follow the district judge’s order and the ballot question referred by City Council will not appear on ballots.
“The City plans to mail ballots to overseas U.S. citizens and active-duty military on Tuesday, Feb. 18,” a spokesperson for the city told CPR News in a statement.
- Colorado Springs will drop marijuana ballot question after State Supreme Court refuses to hear appeal
- Veteran and cannabis business owner sue Colorado Springs over revote on recreational marijuana sales
- Colorado Springs voters will weigh in on recreational marijuana sales — again — in April
- Colorado Springs may revisit recreational marijuana sales after voters split vote on ballot measures
- Colorado Springs City Council to decide on implementing voter-passed recreational marijuana rules
- Colorado Springs voters appear to approve recreational marijuana sales, but questions remain
