A district court judge has shut down an attempt by Colorado Springs officials to sidestep voters on recreational marijuana sales. The ruling, issued Monday, prevents the city from asking residents to reverse their November decision that allowed adult-use cannabis sales.
Court Sides with Voters Over City Council
Judge Hilary Gurney of Colorado’s 4th Judicial District Court ruled that the city’s move to repeal Question 300 was unconstitutional. The measure, approved by 54% of voters last November, legalized recreational marijuana sales in Colorado Springs.
Despite the clear majority, city officials attempted to place a repeal vote on an upcoming ballot. But the judge’s injunction, reported by The Colorado Sun, blocked that effort. The decision was a win for cannabis advocates and a rebuke to the city council’s push to overturn the election results.
State Law Prevents Midterm Ballot Measures
At the heart of the lawsuit was Amendment 64, the state law that legalized recreational marijuana in Colorado. The amendment allows local governments to ban cannabis sales—but only through general election ballot measures. Colorado Springs officials tried to bypass that rule by putting the issue before voters outside of a general election.
That misstep led to the lawsuit, filed by two city residents who argued the council was violating state law. The judge agreed, reinforcing that ballot measures restricting marijuana businesses must be placed only in general elections.
One of the plaintiffs, U.S. Air Force veteran Adam Gillard, didn’t hold back in his criticism of city officials.
“The City Council was in such a rush to overturn the will of Colorado Springs’ voters that it just ignored state law,” he said in a statement. “Now, the court has held the council accountable for its outrageous and unconstitutional actions.”
Political Fallout and Public Reaction
This ruling is a significant setback for local officials who opposed recreational marijuana sales. City leaders had long resisted legalization, even as neighboring communities allowed dispensaries to flourish. Their efforts to reverse Question 300 were widely seen as a last-ditch attempt to maintain prohibition.
The decision also sends a broader message to municipal governments: voter-approved measures can’t be easily undone. Gurney’s ruling makes it clear that city councils must follow state laws when challenging ballot initiatives.
Some council members are expected to push for an appeal, but legal experts say their options may be limited. The court’s reliance on the Colorado Constitution makes it difficult for the city to argue its case without a direct change to state law.
What Happens Next?
While the legal battle played out, medical marijuana dispensaries in Colorado Springs wasted no time preparing for the transition. On Monday, they began submitting applications for recreational cannabis licenses.
Once approved, the city’s 60-day review process will begin. If everything goes smoothly, licensed dispensaries could start selling recreational marijuana by April 10.
Key points moving forward:
- Medical dispensaries are now eligible to apply for adult-use licenses.
- The city will review applications over the next two months.
- Recreational sales could start as soon as early April.
Despite resistance from city officials, the legal ruling solidifies what voters decided months ago. Colorado Springs is now on track to join the growing list of Colorado cities embracing recreational cannabis.