Why you could see a modified recreational marijuana ballot question for the April city election

COLORADO SPRINGS, Colo. (KRDO) - Earlier this week, a district court judge issued a ruling stating in clear terms that Colorado Springs could not issue a new ballot question for this year, asking city voters to overturn a November election result.

At issue is retail recreational marijuana which got the green light from voters last year.

District Court Judge Hilary Gurney has ruled that a new version of the marijuana repeal question can be placed on voters' April election ballots, but there's a twist.

"Basically, there's going to be a disclaimer on the ballot initiative saying this could be all for nothing if the Supreme Court says that marijuana measures cannot be voted on in 2025," Attorney Jeremy Loew explains.

Judge Gurney now says the city can proceed with a ballot question; one asking voters to overturn last year's vote to legalize recreational marijuana.

While on Monday, the same judge told the city that such a vote would be illegal; a violation of Colorado Amendment 64.

But that's now changed, "The city is arguing that they are a home rule jurisdiction, that they should be able to essentially put things on the ballot whenever they really want," Loew said.

According to Amendment 64, cities and counties can prohibit the retail sale of recreational marijuana, but only during even-numbered years.

"That's why Judge Gurney in El Paso County said, no, that's not how it works and the city is saying, well, we think Judge Gurney is wrong, we want to take this up to the Supreme Court," Loew said.

And that's what they plan to do.

This all stems from a voter-initiated ballot measure to begin allowing recreational marijuana licenses and sales within city limits.

"It was the city that essentially put forth something saying, okay, let's forever not allow it, let's ban it. And then a competing measure saying let's go forward with allowing it and then let's go forward to allowing recreational marijuana passed," Loew said.

In November, nearly 55% of the city voters cast in support. However, the city believes thousands of voters did not fully understand what they were voting for.

To that, Loew said, "Whether or not the city council and the city agree, the citizens voted. It's the will of the citizens and that is how it should be...I think Judge Gurney is covering her bases by saying come up with language and you can put it on the ballot with the understanding that it may be unconstitutional and null and void, may not matter at all."

On Wednesday night, a Colorado Springs city spokesperson released the following statement:

"The district judge’s order granting the stay modified the ballot language adopted by Council, an issue the judge found moot in the prior order. Further, this order was not received by the City’s 2 p.m. deadline on Wednesday (Feb. 12) for printing of overseas U.S. citizens and active-duty military ballots. The printing deadline ensured ballots would be mailed by the City Code-mandated deadline of Friday (Feb. 14).   

As a result of receiving the judge’s order on the stay past the City’s printing deadline and the uncertainty of the form of the ballot language amid pending litigation, the City will not be able to mail overseas U.S. citizens and active-duty military ballots on Friday (Feb. 14). The City does not want to treat its 4,848 overseas active-duty military and overseas citizens differently than its domestic electorate. It is important for them to have the same clarity and content on their ballot. The City is working as quickly as possible within the court system to resolve this issue."