COLORADO SPRINGS — The ongoing Colorado Springs saga to legalize retail marijuana in the city (or not) is set to come to a deadline-fueled, high court emergency decision next week.
During a Friday court hearing, an El Paso County judge said she’ll issue a ruling on Monday in the matter of the city council’s move to place a “Repeal 300” measure on the April municipal ballot.
“I understand the urgency of the matter and am happy to accommodate the best I can,” said El Paso County District Court Judge Hilary Gurney.
A lawsuit filed against the City of Colorado Springs a week ago seeks to prevent the repeal question from appearing on the April ballot.
On Monday, February 10, the city must begin accepting applications from medical marijuana dispensaries to obtain retail marijuana licenses. Ballots must also be printed and mailed to overseas and military voters by the end of next week.
An attorney for the city pressed Judge Gurney for a ruling before 5 PM Monday, but urged her for an earlier decision if possible as he indicated the city might file an emergency appeal to the Colorado Supreme Court, depending on her ruling.
In November, Colorado Springs voters approved Question 300 by nearly 10 percentage points, which legalized recreational–or retail–marijuana sales in the city for the first time since Colorado legalized cannabis over ten years ago.
At the same time, voters rejected Question 2D, which was placed on the ballot by city council and would have outright banned retail marijuana and made future citizen-led efforts to legalize it much more difficult.
City Councilor Dave Donelson, who is running for reelection in April, claimed voters were confused by the two conflicting ballot measures and put forth the “Repeal 300” vote to city council. They approved that measure in January to appear on the April municipal election ballot in a 7-2 vote.
Donelson said it’s a matter of ensuring the voter’s will is being heard and there is no confusion.
Critics have argued voter turnout is much lower in April compared to a presidential general November election and it won’t be a fair comparison of what the constituency truly wants.
In the lawsuit that was first heard in court on Friday, attorneys trying to overturn the city council’s move argued several points, including further confusing voters.
Those attorneys, representing some in the cannabis industry, questioned why Donelson or other council members never raised concern about 300’s wording before it was added to the November general election ballot. They also argued the “Repeal 300” question is too simple and doesn’t truly tell voters what they’d be deciding.
But the core of the lawsuit’s argument is that the city council vote violates Amendment 64 of the Colorado Constitution.
That section of the state constitution, which focuses on the legalization of marijuana, states that localities may prohibit the sale of retail marijuana through a referred measure but that it “must appear on a general election ballot during an even-numbered year.”
Since the April municipal election is neither a general election nor in an even numbered year, the attorneys argued it shouldn’t be allowed.
“Just didn’t think the city had particularly strong arguments because the argument isn’t strong given the Colorado Constitution,” said Tom Scudder, president of the Colorado Springs Cannabis Association, outside of court on Friday.
“It’s a tough position that they’re in trying to justify overriding the Colorado constitution. I don’t know how they can do it. And so pretty hopeful we’ll get a good decision,” Scudder said.
The city’s argument is that repealing Question 300 wouldn’t be an outright prohibition of retail marijuana since it would essentially give the city a blank slate with no laws for or against it at that point.
The judge’s ruling could boil down to the semantics of what the word “prohibit” means in this context as both sides spent ample time arguing the definition in the court of law.
Either way, both sides also indicated they would likely file an emergency appeal to the state supreme court depending on the ruling.
Union workers at King Soopers stores in Pueblo are set to go on strike on Friday
The announcement came from Local 7 President Kim Kordova on Thursday during a news conference, according to Scripps News Denver.
____
Watch KOAA News5 on your time, anytime with our free streaming app available for your Roku, FireTV, AppleTV and Android TV. Just search KOAA News5, download and start watching.
