Judge finds repeal of marijuana question unconstitutional
(COLORADO SPRINGS) — After Colorado Springs City Council voted in January to place a question on the April 2025 municipal ballot repealing Ballot Question 300, a district court judge has ruled the move violates Colorado's constitution.
On Tuesday, Jan. 28, City Council voted 7-2 to place the question on the April ballot, with Councilmembers Nancy Henjum and Yolanda Avila dissenting. Ballot Question 300 was approved in November by voters, allowing recreational marijuana to be sold by existing medical dispensaries after an application process and directing the tax dollars toward public safety programs and PTSD treatment for veterans.
Councilmember Dave Donelson said the wording of the original ballot question may have been confusing, and argued that City Council should approve a second question on the April ballot to ensure the will of the people is accurately reflected, though many argued the results would not be an accurate reflection of the people's choice, as the turnouts for municipal elections are statistically lower than presidential elections.
PREVIOUS COVERAGE: Lawsuit: City Council marijuana decision 'unconstitutional'
A lawsuit filed at the end of January against City Council argued just that. According to the Citizens for Responsible Marijuana Regulation group, Amendment 64 of the Colorado Constitution – which legalized recreational marijuana – allows local governments to prohibit sales within their borders but any ballot measure that does so must 'appear on a general election ballot during an even-numbered year.' The April 1, 2025, municipal election does not fit that definition, the group said.
On Monday, Feb. 10, the Citizens for Responsible Marijuana Regulation said a district court judge ruled City Council's vote to place the question on the municipal ballot did in fact violate the Colorado Constitution.
'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,' said Adam Gillard, a plaintiff in the case and a military veteran who served 20 years with the U.S. Air Force. '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.'
In its decision, the court determined that the repeal of Ballot Question 300 qualified as a prohibition as it would immediately restrict recreational marijuana.
'The Court finds that the Referred Ballot Question is an election to prohibit the operation of retail marijuana stores in the City of Colorado Springs,' the decision reads. 'Therefore, referral of the prohibition measure to the April 1, 2025, general municipal election violates the Colorado Constitution. Such question must appear on a general election ballot during an even numbered year.'
The City of Colorado Springs said it will not comment on pending litigation as the 'legal process has not yet been exhausted.'
Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
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