(COLORADO SPRINGS) — A lawsuit has been filed by an Air Force veteran and medical marijuana shop owner against Colorado Springs City Council for its recent vote to place a repeal of retail marijuana on the April 2025 municipal ballot, which was already passed by voters in November 2024.

City Council heard hours of public comment on Tuesday, Jan. 28 ahead of the vote, from both opponents and supporters. Councilmember Dave Donelson, who was in favor of placing the repeal of Ballot Question 300 on the upcoming ballot, said voters may have believed they were voting for punishments for marijuana offenses, rather than voting for recreational marijuana, because the language on the ballot could have been confusing.

“I think thousands of people that voted ‘yes’ on 300 thought they were voting to impose penalties if someone gave marijuana to someone under 21, things like that,” said Donelson in an interview with FOX21 News.

One public commenter at Tuesday’s meeting pointed out that the wording of Ballot Question 300 was approved by City Council itself. Other opponents also stated that there are typically many more active voters in a presidential election than a municipal one, so asking the question again in April could receive a skewed majority, and not reflect the actual will of the people.

Ultimately, City Council voted 7-2 to place the repeal question on the April ballot, with Councilmembers Nancy Henjum and Yolanda Avila dissenting.

Now, a lawsuit is being filed claiming that City Council’s decision is unconstitutional. The lawsuit argues that City Council’s actions in placing the repeal on the April ballot violates the Colorado Constitution.

According to the Citizens for Responsible Marijuana Regulation group,  Amendment 64 of the Colorado Constitution – which legalized recreational marijuana – allows local governments to prohibit sales within their borders but any ballot measure that does so, must “appear on a general election ballot during an even-numbered year.” The April 1, 2025, municipal election does not fit that definition, the group said.

“It is not only outrageous that this council believes it can overturn the will of the voters simply because they don’t agree with the result, but it is blatantly unconstitutional,” said Tom Scudder, president of the Colorado Springs Cannabis Association. “We look forward to the courts enforcing the voters’ will and sending a message to this city council that they do not have absolute authority over its citizens.”

While it is unclear when a district court will make a decision on the suit, the Citizens for Responsible Marijuana Regulation pointed out that the City of Colorado Springs must mail out military and overseas ballots 45 days prior to the April 1 election, Feb. 14.

The City of Colorado Springs said it does not comment on pending litigation.