New Colorado Springs marijuana ballot question goes up in smoke as judge calls foul on officials

Colorado Springs may not place a measure on the April municipal election ballot asking voters to overturn a recent citywide vote to allow recreational marijuana sales in the state’s second-largest city, a judge ruled this week.

El Paso County District Judge Hilary Gurney on Monday placed an injunction on the city, prohibiting it from referring a measure to the April 1 ballot. If passed, that measure would effectively reverse the voters’ will on Ballot Question 300, which allows medical marijuana stores in Colorado Springs to start selling recreational pot.

Voters approved Question 300 with nearly 55% support in the Nov. 5 election. But last month, a majority of the Colorado Springs City Council argued that voters were likely confused by the measure’s language — and by a competing ballot item that would have prohibited recreational sales.

They concluded a new question on the topic was required in the city’s spring election, and they referred a ballot measure to that ballot. Two Colorado Springs residents sued the city three days later.

In her ruling, Gurney wrote that Amendment 64, the Colorado recreational cannabis legalization measure passed statewide more than 12 years ago, makes it clear that “any initiated or referred measure to prohibit the operation of … retail marijuana stores must appear on a general election ballot during an even numbered year.”

“Therefore, referral of the prohibition measure to the April 1, 2025, general municipal election violates the Colorado Constitution,” she wrote. “Such question must appear on a general election ballot during an even numbered year.”

The plaintiffs in the case argued that placing a measure on the spring ballot, when voter turnout is expected to be far lower than in the November presidential election, was the conservative city’s backdoor way of reversing the voters’ will.

One of the plaintiffs, U.S. Air Force veteran Adam Gillard, celebrated the ruling and said in a statement that the court “has held the council accountable for its outrageous and unconstitutional actions.”

“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,” he said.

Tom Scudder, president of the Colorado Springs Cannabis Association, told The Denver Post Tuesday that the industry is “delighted” by the ruling.