Two residents of Colorado Springs have taken legal action against the city over an upcoming ballot initiative in April that seeks to overturn a voter-approved policy permitting recreational cannabis sales.
The case was submitted on Friday on behalf of Adam Gillard, El Paso County Progressive Veterans’ executive director, and Renze Waddington, a medical cannabis dispensary owner. It claims that the City Council disregarded Colorado’s Amendment 64, which states that any local ballot initiative that seeks to outlaw the sale of marijuana for recreational purposes must be on the ballot for a general election in an even-numbered year.
“This council’s attempt to undo what voters have already decided is not only shocking but also unconstitutional,” stated Tom Scudder, head of the Colorado Springs Marijuana Association. “We expect the courts to uphold the will of the people and make it clear to the Council that they don’t hold unchecked power over the community.”
In November, voters passed Question 300 by a margin of roughly 22,000 votes, allowing existing medical cannabis dispensaries to sell recreational cannabis. At the same time, a competing measure aimed at banning recreational sales was rejected. Additionally, Question 300 included a provision imposing a 5 percent recreational sales tax to fund public safety initiatives, mental health programs, and veterans’ PTSD treatment.
However, on January 28, the council voted to place the measure back on the ballot. Some council members argued that the presence of two cannabis-related measures on the November ballot may have caused voter confusion.
The lawsuit contends that such a question is not legally allowed to appear on a ballot during this type of election.
According to the legal challenge, the referred initiative essentially seeks to reverse Question 300, which is equivalent to banning recreational cannabis sales. The state constitution clearly states that any proposal to prohibit retail cannabis shops must be placed on a general election ballot held in an even-numbered year.
Additionally, the complaint argues that the ballot proposal is deceptive since it fails to disclose to voters that Question 300’s repeal would also prevent new recreational sales tax money from being collected. The plaintiffs are requesting that the court either block the repeal measure from appearing on the ballot or mandate a revision to the ballot title.
The city is required to send out ballots to military personnel and overseas voters 45 days before elections by February 14. Industry actors like Cronos Group Inc. (NASDAQ: CRON) (TSX: CRON) will be following the events in Colorado Springs and will hope that the will of the voters isn’t thwarted.
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