A district court judge has blocked Colorado Springs’ effort to repeal recreational marijuana sales, declaring the city’s planned ballot measure unconstitutional. This decision upholds the will of voters who approved recreational cannabis sales in November 2024.
Background
In November 2024, Colorado Springs voters passed Question 300, permitting existing medical marijuana dispensaries to sell recreational cannabis. The measure was approved by a significant margin, reflecting strong public support for legal recreational sales.
Despite this, the City Council voted to place a repeal measure on the April 2025 ballot, citing concerns over the original vote’s clarity. This move prompted legal challenges from residents who argued that the council’s action violated state law.
Legal Challenge and Ruling
Two Colorado Springs residents filed a lawsuit against the city, asserting that the council’s attempt to overturn the voter-approved measure was unconstitutional. They referenced Amendment 64 of the Colorado Constitution, which stipulates that local ballot measures prohibiting recreational marijuana businesses can only appear during general elections in even-numbered years.
Judge Hilary Gurney of the 4th Judicial District Court agreed, issuing an injunction to prevent the repeal measure from appearing on the April ballot. She emphasized that the city’s action violated constitutional provisions governing the timing of such measures.
Plaintiff and U.S. Air Force veteran Adam Gillard stated, “The city council was in such a rush to overturn the will of Colorado Springs’ voters that it just ignored state law. Now, the court has held the council accountable for its outrageous and unconstitutional actions.”
Implications
Following the ruling, Colorado Springs began accepting applications from existing medical marijuana dispensaries to transition to recreational sales. After a 60-day review process, these dispensaries could start selling recreational cannabis as early as April 10, 2025.
This decision reinforces the importance of adhering to constitutional guidelines and respecting voter decisions. It also highlights the ongoing debates within municipalities regarding the implementation of legalized recreational marijuana sales.
