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Colorado Springs might have to vote on recreational weed sales again amid confusion

COLORADO SPRINGS, Colo. (KRDO) - One Colorado Springs city council member wants to give voters another chance to clarify if they want recreational marijuana sold in Colorado Springs since he believes voters were confused by ballot questions last November.

He argues that voters got confused by opposing ballot initiatives during the November election, and wants be sure of what voters want before moving forward.

Ballot Initiative 2D and 300 were opposing ballot questions in Colorado Springs. Ballot Initiative 2D prohibited the sale of recreational marijuana, while 300 allowed existing medical marijuana shops to sell recreational marijuana.

Ballot Question 300 (which allowed for recreational marijuana sales) passed with a 54% vote. Ballot Question 2D (prohibiting recreational marijuana) failed with a very slim margin of about 1%. With both being such a close call, some wondered if voters were confused by the opposing initiatives and incorrectly cast votes.

Source: Colorado Secretary of State's Office

Even though Ballot Question 300 passed, power still lies in city council's hands for where things go from here. Amendments to city code require two votes of majority approval by city council. So, even though voters said "yes" to Ballot Initiative 300, city council is still left with the final say on whether retail marijuana shops can operate in city limits.

Section 6 says voters can choose to repeal 300.

On Monday, the recreational marijuana ordinance was discussed at length in the council's work session. Council members discussed tax revenue and license agreements regarding recreational marijuana in Colorado Springs.

Colorado Springs Council Member Dave Donelson said in Monday's meeting that he will propose a compromise. He wants to reduce the mandatory distance from a retail dispensary to any school, child care facility, or drug treatment center from one mile to one thousand feet. However, in return, he thinks the city should create a new ballot question during April's election asking voters if they want to repeal Ballot Question 300.

Essentially, it would allow retail dispensaries to move in at the closer distance established and passed in Ballot Initiative 300, but elected leaders would also have voters recast votes once again in April to ensure that's what they wanted.

"So we know once and for all the citizens want recreational marijuana sales in Colorado Springs or not," said Donelson.

But other city council members don't feel the same way.

"I don't support repealing the voter's decision. And I think adding this section adds, actually confusion. We've been talking about confusion. I think it adds confusion doesn't clarify," said councilmember Nancy Henjum.

Councilmember Donelson says he only needs five council votes to get a clarifying question on April's ballot. He says it's a benchmark he believes can easily meet. 

The city council also discussed the possible ins and outs of recreational marijuana if it stays legalized.

Shops selling recreational marijuana would be able to operate in commercial and industrial-zoned areas. Those shops would need an extra license to sell recreational marijuana and the city is estimating that will cost shops $4,000.

For tax revenue, a 5% additional tax on retail marijuana is the current plan. A very very rough estimate said that would bring in $2 million annually. Per ballot question 300, that tax revenue needs to be spent on public safety, mental health services and PTSD treatment for veterans.

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Michael Logerwell

Michael Logerwell is a weekend anchor and member of the KRDO13 Investigates team. Learn more about him here.

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