Colorado Springs voters appear to have approved two conflicting marijuana measures, each gaining just over 53% of the vote.
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These measures create uncertainty over the future of recreational marijuana sales within the city limits and may lead to a legal showdown to determine which measure ultimately takes precedence.
The first measure, Ballot Issue 2D, amends the city charter to ban retail marijuana businesses entirely within Colorado Springs. Because it amends the charter, the measure effectively locks in this prohibition, making it very challenging for future voters or city council members to reconsider or reverse the decision.
On the other hand, Ballot Question 300, also passed by a narrow margin, allows Colorado Springs’ existing 90 medical marijuana dispensaries to apply for recreational sales licenses. This measure would support city initiatives for public safety, mental health, and veteran PTSD programs through revenue from a 2022 tax measure on recreational marijuana.
“This presents a really interesting legal dilemma for us,” Colorado Springs Mayor Yemi Mobolade told reporters at a GOP watch party on election night. “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, backed by the city council, was seen as a way to keep marijuana away from underage users and preserve Colorado Springs’ relationship with the five military bases nearby. Councilwoman Lynette Crow-Iverson, a strong proponent, previously stated, “I oppose recreational marijuana. So I don’t want it to go anywhere.”
To complicate matters further, the city council had approved a zoning ordinance roughly a month before the election that would limit recreational marijuana sales within the city.
Spearheaded by Crow-Iverson, this ordinance bans recreational sales within a mile of schools, daycare centers, and treatment facilities, essentially prohibiting sales in most of the city. Advocates of Ballot Measure 300 have criticized this ordinance as a tactic to “confuse voters” about recreational marijuana’s future in Colorado Springs.
However, it’s still unclear whether the new ballot measure will override this restrictive zoning ordinance. Colorado Public Radio News reached out to the city attorney's office for clarification but has yet to receive a response.
Vote counting will continue on Wednesday, according to El Paso County’s Clerk and Recorder’s Office, as officials await final results that could clarify the impact of each measure.
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