A Colorado Springs judge has ruled that the city’s plan to ask voters to repeal recreational marijuana sales, just six months after they approved it, is unconstitutional. The decision came in response to a lawsuit filed by two residents who argued that the city’s move was in violation of state law.
Under Colorado’s constitution, local ballot measures to prohibit recreational marijuana businesses can only appear on general election ballots during even-numbered years. The city’s plan to hold a special election on April 1 to repeal the measure, which was approved by a 22,372-vote margin in November, is therefore unlawful.
The city council’s decision to put the repeal measure on the ballot was sparked by concerns over the ballot language, with some council members arguing that residents were “confused” by the wording. However, the judge’s ruling suggests that the council’s actions were driven by a desire to overturn the will of the voters, rather than a genuine concern for clarity.
The lawsuit was filed by two residents, including a U.S. Air Force veteran, who argued that the city’s actions set a troubling precedent for future elections. The judge’s decision has blocked the city from moving forward with the special election, and the city must now consider alternative options for addressing the concerns raised by council members.
The city’s decision to allow recreational marijuana sales was a major victory for proponents of the measure, who had been working to legalize the drug for years. The move was seen as a significant step forward for the city’s growing marijuana industry, which had been largely limited to medical marijuana sales prior to the vote.
The judge’s ruling has been hailed as a victory by proponents of the measure, who argue that the city’s actions were an attempt to undermine the will of the voters. The city, however, has vowed to appeal the decision, and the issue is likely to be the subject of ongoing legal battles in the coming months.
