The future of recreational marijuana in Colorado Springs is hazy after conflicting ballot measures
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COLORADO SPRINGS, Colo. –– Although nearly all votes on the Springs’ two marijuana-related ballot measures have been counted, the future of recreational marijuana sales in the city remains unclear.
If passed, Ballot Question 300 and Question 2D would allow existing medicinal marijuana shops to apply for retail licenses (Question 300) while concurrently strengthening the city’s existing ban on recreational marijuana sales (Issue 2D).
Based on unofficial election results, it appears that Question 2D has failed, though only by a slim margin after weeks of ballot counting, making it one of the most closely-watched races in the Colorado Springs election this year. Voters approved Ballot Question 300.
So does that mean recreational marijuana sales are legal in Colorado Springs? It’s a bit more complicated than that.
Currently, recreational marijuana sales are not allowed in Colorado Springs. However, with the passing of Ballot Question 300, which was approved by more than 20,000 votes, about 90 existing medical marijuana shops in the city would be able to apply for recreational marijuana licenses.
Ballot Question 300 will not necessarily create new recreational marijuana shops, though, because it only applies to businesses with a license to sell medical marijuana. If their applications are approved, the businesses will receive dual medical and recreational licenses.
Ballot Question 300 preserves an existing Colorado Springs rule that no shops will be able to sell recreational or medicinal marijuana within a 1,000-foot radius of schools or child-care facilities.
Ballot Question 2D, on the other hand, would have amended the Charter of the City of Colorado Springs, a document that defines how a city is governed. 2D specifically would have added a new Section 130 to Article XV, thereby prohibiting retail marijuana establishments within the city.
Charters trump city ordinances, and make it significantly more difficult to adjust than local ordinances and require more extensive voter approval processes.
Ballot Question 300’s future is further complicated by a September Colorado Springs City Council vote that approved a strict zoning ordinance banning recreational sales within a one-mile radius of schools, daycare facilities and drug and alcohol treatment centers, making it almost impossible to start a cannabis business, according to some critics.
Max D’Onofrio, the lead communications specialist for the City of Colorado Springs, has said that the city is still reviewing the ordinance and how it would interact with Ballot Question 300 and 2D.
Question 2D was backed by the Safe Neighborhood Coalition, which has announced that it does not plan on paying for a vote recount.
Joel Sorenson, a spokesperson for the Safe Neighborhood Coalition, said in a statement that he thought opponents ran a “clever campaign” though “‘wouldn’t be surprised if a future city council decides to ask the question again, on a ballot where there won’t be competing measures and therefore won’t be any confusion.”
Sorenson did not respond to a request for comment.
Citizens for Responsible Marijuana Regulation, the group that put Ballot Question 300 on the ballot, said in a Facebook post that the city will stand to benefit from the tax revenue coming from allowing recreational marijuana sale, and that they “look forward to working with city leaders” to create “regulatory frameworks” in the future.
Meghan Graf, a spokesperson for Citizens for Responsible Marijuana Regulation, also did not respond to a request for comment.
The state of Colorado has had a long history with marijuana and was strongly opposed to its use throughout the 20th and 21st centuries, often for its association with the influx of migrant workers moving into the Southwest from Mexico.
California was the first state to outlaw marijuana with an addendum added to the Poison Act in 1913. It would also be the first state to allow medicinal cannabis with the Compassionate Use Act in 1996.
Colorado Springs specifically joined the conversation in 1981, when Representative John Herzog, a Colorado Springs Republican, sponsored the Therapeutic Use of Cannabis bill which aimed to expand medical marijuana access for cancer patients in hospitals around the state.
The program failed due to lacking legislative and local support as well as the fact that the federal government classifies marijuana as a Schedule 1 substance under the Controlled Substances Act, meaning it has “no currently accepted medical use in treatment in the United States.”
When Colorado became the first state to legalize the sale of recreational marijuana in 2012 (with some exceptions), the City of Colorado Springs opted out, and today the sale of recreational marijuana within the city’s jurisdictions is still banned.
Eight municipalities voted on marijuana-related measures this year, including Loveland and Mead, both of which have historically banned commercial marijuana sales.
Mead held fast with their ban, while Loveland voted to allow a “limited” number of marijuana stores in the town.
While the El Paso County election reached nearly 80% participation, the results have yet to be officially certified. D’Onofrio said that the city will explore more closely the future of these measures at that point.