Can recreational marijuana be sold in Colorado Springs?

COLORADO SPRINGS, Colo. (KXRM) — Can recreational marijuana be sold in Colorado Springs? Voters were tasked with answering that question on Election Day. The answer was both yes and no.

In a confusing turn of events, voters decided to both ban and allow the sale of recreational marijuana within the city.

One ballot measure, Question 2D, amends the Charter of the City of Colorado Springs to prohibit retail marijuana establishments within city limits. The other, Question 300, amends the city ordinance to allow existing medical marijuana licensees to apply to become licensed as retail/recreational marijuana businesses.

Both passed with nearly identical results, and both sides attribute that to misinformation and confusion regarding the two measures.

While the results haven't been certified yet, the early election outcomes are in conflict with one another.

The mayor believes the ban (2D) will win this fight because the ban would amend the city charter, which the mayor calls the local constitution. The measure that would allow recreational sales (300) would only amend the city ordinance.

"That presents a really interesting legal dilemma for us. Believe me, we're already in conversations," said Mayor Yemi Mobolade. "I'm already in conversations with my city attorney just to get some perspective. We believe that in the end, our city charter, which is our local constitution, ultimately will prevail."

If the city charter prevails, as the mayor believes it will, an employee in the industry in Colorado Springs said their future is grim.

"The medical marijuana industry in Colorado Springs hasn't been profitable for years. Most stores were hanging on in the anticipation that hopefully, recreational marijuana would be able to come to the state," said Levi with Terp Labs. "So all of the dispensary owners that I'm aware of are hurting financially. They've already laid off large amounts of people. As far as I know, 90% of those are going to go out of business."

In a written statement to Nexstar's FOX21 News, Max D’Onofrio, the lead public communications specialist with the City of Colorado Springs, said, "Ballot Question 300 must be read, interpreted, and implemented in a manner to be consistent and harmonious with Ballot Question 2D (new City Charter § 15-130). If any provision of Ballot Question 300 is in direct conflict with Charter § 15-130, that provision cannot be implemented."

A spokesperson for Initiative 300 said voters want recreational marijuana stores and that the city would benefit from additional tax revenue. Those working in the industry agree.

"When you don't have recreational sales available in Colorado Springs, of course, you're kind of handing the market over to the black market and the illegal drug dealers, which are not going to just have marijuana. They're going to have all kinds of other really dangerous drugs for our children," said Levi. "And they're not going to check IDs either."

A spokesperson for ballot question 2D said the clear intent of voters is to ban recreational marijuana stores in Colorado Springs. The mayor agreed that it was not right for the city.