A Colorado Springs judge has ruled that the city’s plan to ask voters to repeal recreational marijuana sales is unconstitutional. The decision comes after two residents filed a lawsuit against the city, arguing that the plan violated state law. The city had planned to hold a vote on April 1 to repeal Question 300, which was passed by a wide margin in November. However, the judge has issued an injunction blocking the city from holding the vote.
Under Colorado state law, local ballot measures to prohibit recreational marijuana businesses can only appear on a general election ballot during an even-numbered year. The city’s plan to hold a vote on April 1, a primary election day, was deemed unconstitutional by the judge.
The city’s decision to hold a vote on the issue was sparked by concerns over the ballot language, with some residents claiming they were confused by the wording. However, the judge’s ruling has been hailed as a victory by those who support the legalization of recreational marijuana.
“This is a huge victory for the people of Colorado Springs and for the rule of law,” said Adam Gillard, one of the plaintiffs in the case. “The city council was in such a rush to overturn the will of the voters that they ignored state law. Now, the court has held them accountable for their actions.”
The city has 60 days to review applications for recreational marijuana licenses, with stores potentially opening as early as April 10. The city must also mail out military and overseas ballots 45 days before the election, which is February 14.
