--- title: Judge blocks Colorado Springs’ recreational marijuana repeal effort, calling it unconstitutional description: Judge rules Colorado Springs' plan to repeal recreational marijuana sales unconstitutional, blocking it from the April ballot and upholding the November vote. image: https://420intel.com/hubfs/AI-Generated%20Media/Images/In%20a%20welllit%20courtroom%2c%20Judge%20Hilary%20Gurney%20sits%20at%20the%20bench%2c%20her%20expression%20serious%20as%20she%20delivers%20a%20ruling.jpeg --- [![420intel.com](https://420intel.com/hs-fs/hubfs/Asset%2016-1.png?width=300&height=162&name=Asset%2016-1.png "420intel.com")](https://420intel.com) - [Home](https://420intel.com) - [Advertise](https://420intel.com/advertise) - [Directory](https://420intel.com/directory) - [Topics](https://420intel.com/blog) - [Recreational News](https://420intel.com/blog/tag/recreational-cannabis-news) - [Business News](https://420intel.com/tag/cannabis-business-news) - [Politics](https://420intel.com/tag/cannabis-politics) - [Technology](https://420intel.com/tag/cannabis-technology-news) - [Research](https://420intel.com/tag/medical-cannabis-news) - [Contact](https://420intel.com/contact-us) - [Follow us on Facebook](https://www.facebook.com/420intel) - [Follow us on LinkedIn](https://www.linkedin.com/company/420-intel/) - [Follow us on Twitter](https://x.com/420intel) - [Follow us on Instagram](https://www.instagram.com/420intel) ### Press ESC to close [![420intel.com](https://420intel.com/hs-fs/hubfs/Asset%2016-1.png?width=300&height=162&name=Asset%2016-1.png "420intel.com")](https://420intel.com) - [Home](https://420intel.com) - [Advertise](https://420intel.com/advertise) - [Directory](https://420intel.com/directory) - [Topics](https://420intel.com/blog) - [Recreational News](https://420intel.com/blog/tag/recreational-cannabis-news) - [Business News](https://420intel.com/tag/cannabis-business-news) - [Politics](https://420intel.com/tag/cannabis-politics) - [Technology](https://420intel.com/tag/cannabis-technology-news) - [Research](https://420intel.com/tag/medical-cannabis-news) - [Contact](https://420intel.com/contact-us) - [Follow us on Facebook](https://www.facebook.com/420intel) - [Follow us on LinkedIn](https://www.linkedin.com/company/420-intel/) - [Follow us on Twitter](https://x.com/420intel) - [Follow us on Instagram](https://www.instagram.com/420intel) # Judge blocks Colorado Springs’ recreational marijuana repeal effort, calling it unconstitutional - [![Buzz](https://420intel.com/hs-fs/hubfs/Buzz-No%20Outline-2.png?width=80&height=80&name=Buzz-No%20Outline-2.png) Buzz](https://420intel.com/blog/author/buzz) - [Recreational Cannabis News](https://420intel.com/blog/tag/recreational-cannabis-news) - 11 February 2025 Under Amendment 64 of the Colorado Constitution, local ballot measures to prohibit recreational marijuana business may appear only on a general election ballot during an even numbered year   Colorado Springs’ plan to ask voters to repeal recreational marijuana sales, six months after they approved it by a wide margin, is unconstitutional, a judge said Monday. Siding with two residents who filed a lawsuit against the city last month, 4th Judicial District Court Judge Hilary Gurney issued an injunction to block the city from asking voters on an April 1 ballot to repeal Question 300, the ordinance to legalize recreational pot sales by existing medical marijuana dispensaries that passed by a 22,372-vote margin in November. Under Amendment 64 of the Colorado Constitution, local ballot measures to prohibit the operation of licensed recreational marijuana businesses may appear only on a general election ballot during an even-numbered year. The effort among the conservative city’s elected leaders to overturn the measure started after Councilmember Dave Donselson said at a Jan. 13 meeting that residents told him they were “confused” by the ballot language. He argued that Question 300 was poorly worded and another vote was needed to “know once and for all” if the city’s residents wanted recreational marijuana in Colorado Springs. The council voted 7-2 on Jan. 28 to add a measure on the April 1 ballot that would ask voters to repeal Question 300, which passed when a record-breaking number of residents voted in November.  Also on the ballot in November was 2D, which asked for a total ban of recreational marijuana sales. That measure, which needed the support from a majority of voters, failed with 49%.  The push to repeal led to standing-room-only meetings in city council chambers, with dozens of residents — including attorneys, marijuana shop owners and veterans — voicing their concerns over the council members’ anticipated decision to overturn the November vote and set a troubling precedent for future elections.  “The city council was in such a rush to overturn the will of Colorado Springs’ voters that it just ignored state law. Now, the court has held the council accountable for its outrageous and unconstitutional actions,” Adam Gillard, a plaintiff in the case and a U.S. Air Force veteran, said in a statement.  “We hope city council members received the judge’s message that they do not have absolute authority over their residents. We also hope they won’t disregard the law again.” A spokesperson for the city council declined to comment citing the pending litigation, but Councilwoman Lynette Crow-Iverson said in a statement that she was disappointed in the judge’s ruling and that she looks forward to the appeal process. The city of Colorado Springs must mail out military and overseas ballots 45 days before the April 1 election, which is Feb. 14.  The city began accepting applications for recreational marijuana licenses Monday from those who already operate medical marijuana shops. The city has 60 days to review the application. Stores could start selling recreational marijuana as early as April 10.   [by The Colorado Sun](https://coloradosun.com/2025/02/10/judge-blocks-colorado-springs-recreational-marijuana-repeal-effort/) [Recreational Cannabis News](https://420intel.com/blog/tag/recreational-cannabis-news) ![Buzz](https://420intel.com/hs-fs/hubfs/Buzz-No%20Outline-2.png?width=200&height=200&name=Buzz-No%20Outline-2.png) #### [Buzz](https://420intel.com/blog/author/buzz) At 420 Intel, we cover cannabis legalization news throughout the world, offer reliable information for cannabis business owners, detail technological advances that impact the marijuana industry, cover marijuana rallies from across the globe, and everything in between. - - - [Cannabis Jobs](https://420intel.com/blog/tag/cannabis-jobs) [![State budget and tax cuts could generate an appetite for marijuana revenue, observers say](https://420intel.com/hs-fs/hubfs/AI-Generated%20Media/Images/The%20image%20depicts%20a%20bustling%20city%20street%20with%20a%20diverse%20crowd%20of%20people%20engaged%20in%20animated%20discussions.jpeg?width=550&height=395&name=The%20image%20depicts%20a%20bustling%20city%20street%20with%20a%20diverse%20crowd%20of%20people%20engaged%20in%20animated%20discussions.jpeg)](https://420intel.com/blog/state-budget-and-tax-cuts-could-generate-an-appetite-for-marijuana-revenue-observers-say) - [![Buzz](https://420intel.com/hs-fs/hubfs/Buzz-No%20Outline-2.png?width=80&height=80&name=Buzz-No%20Outline-2.png) Buzz](https://420intel.com/blog/author/buzz) - 13 January 2025 #### [State budget and tax cuts could generate an appetite for marijuana revenue, observers say](https://420intel.com/blog/state-budget-and-tax-cuts-could-generate-an-appetite-for-marijuana-revenue-observers-say) Most Americans continue to support the legalization of cannabis, as the medical use of cannabis is... 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