El Paso County District Judge Timothy Simmons ruled Wednesday that a controversial ballot initiative can remain on the ballot, despite the claim 16 medical marijuana business tends to have the initiative removed from the ballot. Advocates argue that the initiative violates the state constitution after voters legalized medical marijuana in 2000.
Advocates argue that the new rules allow the state of municipalities to regulate medical marijuana centers, but does not allow municipalities to ban medical marijuana centers after their approval first.
Simmons agreed that it would be improper for the court to intervene by imposing a pre-election legal action. He denied the motion to stop the votes from the same.
"Voters have a right to believe that their votes will be counted and they will know that the results and the elections will mean something," Simmons said in its ruling in accordance with the Colorado Springs Gazette.
Medical marijuana advocates fear that the decision could set a precedent for other municipalities across the state to launch similar initiatives voting. There are currently 13 countries in Colorado is considering a ban on medical marijuana centers in accordance with the Americans for safe access. El Paso is the most unique, because the initiative will also close all existing operations.
18 other selected cities in Colorado are considering a ban on medical marijuana centers in accordance with the Americans for safe access.
The lawyer representing the plaintiffs in the lawsuit said it was time for municipalities to consider medical marijuana centers of business, like any other business in Colorado.
"They want the right to continue to operate its business with the same authority they received from their government when they first opened their doors," said attorney Bob Hoban. "The actions of the district is an unconstitutional attempt to reflect the adoption of regulations. They can not say yes to this thing, take the money of our clients, and then reverse course on a whim."
Advocates are hoping, however, that if the El Paso County bans medical marijuana centers and close the existing centers that existing business owners will be eligible for cash assistance for the destruction of their business.
Steve Hammers, a plaintiff in the case, said that it would be "devastating" for the county to close his business.
"When in American history, it was acceptable to start a business, invest, and then force them to close?" He asked. "It is frankly illegal regulation, allowing building permits, collect fees, and then vote to ban the industry."
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