Colorado Springs voters approved opposing marijuana initiatives. Here’s what’s next.

COLORADO SPRINGS, Colo. (KRDO) - Ballot Initiative 2D and 300 both passed in Colorado Springs on Nov. 5th. Ballot Initiative 2D prohibits the sale of recreational marijuana, while 300 allows existing medical marijuana shops to sell recreational Marijuana, with a 5% tax that would go towards mental health services and supporting veterans. 300 also contained limitations on where recreational Marijuana could be sold.

The first initiative that bans recreational Marijuana usage was written into the city charter, which supersedes the recreational marijuana ordinance that allows medical marijuana shops to also sell recreationally.

Lynette Crow-Iverson said she wrote her ballot initiative, 2D, to supersede 300 in the event both were to pass.

KRDO13 asked if she thought that was fair to voters.

"The voters had a choice. It is fair to the voters because they had a choice between both 300 and 2D. It was their decision. That's why we referred it to the ballot so that the citizens could make that choice," Crow-Iverson said.

She also said the language in the initiative allowing for recreational sales was confusing to voters.

"Our ballot initiative was very clear. It was very short and very clear," Crow-Iverson said. "It was not confusing to voters at all. I believe 300 was confusing to voters because it was very long and it made it sound like it was limiting [recreational marijuana] because it can only be sold in medical stores."

City Councilman Dave Donelson says the ballot initiatives' confusing language was unfortunate.

"I think especially the one that legalized sales [was confusing], but it put a lot of restrictions on it. I even had a neighbor who's a dentist call and ask me like, what does this even mean? They couldn't figure it out. And so that's that's that's not good. I wish that I hope that doesn't happen again in the future," Donelson said.

Though Donelson said he has personal convictions on the matter, he thought the decision should be left up to voters.

In response to the confusion on which ballot measure would go into effect, the city issued this statement:

The City Charter is the City’s foundational law for all local and municipal matters, similar to a federal or state constitution.  The Charter recognizes that Colorado Springs’ residents have reserved the power to propose ordinances to the Council or to adopt or reject ordinances through initiative process.  So long as they are consistent and harmonious, the Charter and the ordinances of the City work together to provide the legal framework for all acts and actions of the municipal government and its enterprise operations.

Although the election is not final until the results are certified, it appears as though both Ballot Question 2D (a Charter amendment prohibiting retail marijuana establishments) and Ballot Question 300 (an initiated ordinance authorizing retail marijuana establishments subject to certain conditions) will have been approved by the voters.  If this is the case, Ballot Question 300 must be read, interpreted, and implemented in a manner to be consistent and harmonious with Ballot Question 2D (new City Charter § 15-130).  If any provision of Ballot Question 300 is in direct conflict with Charter § 15-130, that provision cannot be implemented. The City will be reviewing the ballot question language to determine whether any provision from need to be implemented.

- Max D'onofrio, Colorado Springs City spokesperson

The group behind 300, the ballot initiative legalizing the sale of recreational marijuana, also issued a statement. They would not comment on whether they were planning on challenging the vote.

"When all the votes are counted and the will of voters is given effect, responsible regulation will be law and the city council’s cynical ploy will defeated. 

Voters want recreational marijuana. The city will reap the benefits of a much-needed source of tax revenue, which will help residents with public safety needs, mental health services, and PTSD treatments for veterans.

The small businesses who currently sell medical marijuana in Colorado Springs are elated to continue being good stewards of the community, contributing to the thriving economy that is Colorado Springs. We know that those in municipal government will defer to the clearly expressed intent of voters to authorize recreational marijuana, and we look forward to working with city leaders over the coming months to create a responsible regulatory framework.”  

- Megan Graf, Citizens for Responsible Marijuana Regulation