COLORADO SPRINGS — On Tuesday, the Colorado Springs City Council voted through an ordinance that critics said would essentially ban recreational cannabis in the city before voters weigh in this November.
The ordinance now requires recreational cannabis shops not to be allowed within a one-mile buffer zone from schools, childcare facilities, and alcohol and drug treatment centers.
This comes as voters will consider a pair of conflicting marijuana ballot measures in November; one would allow recreational pot shops and the other would ban them with a stricter city charter amendment.
This zoning ordinance and the ban on recreational cannabis were brought forward by City Councilwoman Lynette Crow-Iverson.
In a July interview with KOAA, she admitted the zoning restriction was a fallback in the case that voters approved recreational cannabis. She also previously said there was “no science” behind the one-mile buffer.
If the citizen-backed initiative is approved by voters in November, it would only allow recreational sales at medical marijuana shops, which currently have a 1,000-foot buffer.
According to a map shared during the council meeting, this stringent requirement rules out most of Colorado Springs apart from some open spaces on the eastern side of city limits.
The vote was 7-2 with Councilmembers Nancy Henjum and Yolanda Avila voting against.
“I find it a little surprising that we would put in an ordinance to essentially de facto restrict the sale, the commercial sale, of recreational marijuana that is in fact on the ballot and voters get to decide,” said Henjum during the council meeting. “I don’t understand why we would use our zoning to manage business decisions. That strikes me as very unusual, especially from a very business-friendly council.”
Henjum agreed with the planning commission’s recommendation to deny this ordinance. The commission didn’t see the logic in a one-mile buffer compared to half a mile or 1,000 feet.
Commissioners also expressed concern the ordinance could go against the will of the voters if they approve recreational cannabis in November.
Councilwoman Crow-Iverson argued this week that the city planning commission didn’t stick to its purview when recommending the denial of her ordinance.
“They went out-of-line a little bit in asking ‘Why council is doing this? Are you usurping the will of the people?’” Crow-Iverson said in response to Henjum’s comments. “I think they need to go back and do a little bit of a civic class because we are not a democracy. We are elected to write policy and govern on behalf of the people.”
A mayor-council government is a form of representative democracy.
Written comments on the cannabis zoning vote agreed with Councilwoman Henjum and Avila’s views.
“Clearly, the 1-mile buffer zone is merely a backdoor approach to circumvent the voters’ wishes should the voters vote to allow recreational cannabis,” said Clifton Black in written comment, a Colorado Springs lawyer. “Obviously, a 1-mile buffer zone will be a de facto ban on recreational cannabis businesses since it will zone out the entire city. This would certainly be a slap in the face to the voters.”
But the majority of councilors agreed with Crow-Iverson, with others noting this move helps protect the city’s relationship with the national security community and helps protect vulnerable populations like children.
“This is about trying to protect sensitive populations from what has demonstrated to be dangerous and difficult to regulate and monitor,” said Councilman Brian Risley. Risley also pointed to THC potency levels increasing since legalization in Colorado.
Email Senior Reporter Brett Forrest at brett.forrest@koaa.com. Follow @brettforrestTVon X and Brett Forrest News on Facebook.
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