As Colorado Springs voters were approving ballot questions that propose both banning recreational marijuana establishments and authorizing retail cannabis sales locally, pro-campaign representatives and city officials seemed to offer competing interpretations of which new law, if unofficial results hold, could take effect.

Non-certified returns updated by the El Paso County Clerk and Recorder’s Office at 5:50 p.m. Wednesday show the resident-backed Ballot Question 300 that proposes authorizing the city’s roughly 90 existing medical marijuana shops to also opt into selling retail cannabis was passing 53.6% to 46.4%, with 273,704 — or about 55% — of returned ballots counted.

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Similarly, the City Council-backed Ballot Question 2D, which proposes banning recreational marijuana establishments by city charter, was passing 52.4% to 47.6%.

There has been no significant change in results since they were first posted after 8 p.m. Tuesday.

Earlier Wednesday, county Clerk and Recorder Steve Schleiker reported about 100,000 ballots still need to be counted, with another 48,000 awaiting adjudication by election judges and roughly 4,000 other ballots that must be cured for things like missing signatures or an ID check.

City officials previously said during public meetings this summer that if both ballot questions passed, the ban by city charter would take precedence.

Meghan Graf, spokeswoman for Citizens for Responsible Marijuana Regulation that backed Question 300, called on the city government Wednesday to honor residents’ decision to allow sales.

“When all the votes are counted and the will of voters is given effect, responsible regulation will be law and the City Council’s cynical ploy will be defeated,” Graf said in part in a written statement. “… We know that those in municipal government will defer to the clearly expressed intent of voters to authorize recreational marijuana, and we look forward to working with city leaders over the coming months to create a responsible regulatory framework.”

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Colorado Springs officials said Wednesday the ban of recreational marijuana establishments by charter would generally supersede voter-approved ordinances to authorize retail cannabis sales.

The charter allows residents to propose ordinances to the City Council or adopt or reject ordinances by vote of the people. So long as the ordinances “are consistent and harmonious” with the charter, this acts as Colorado Springs’ legal framework for its government and enterprises, city spokesman Max D’Onofrio said by email.

While election results are not yet final, should votes hold and both questions officially pass, “Ballot Question 300 must be read, interpreted and implemented in a manner to be consistent and harmonious with Ballot Question 2D,” which would amend the city charter and ban recreational marijuana, D’Onofrio said.

“If any provision of Ballot Question 300 is in direct conflict with (the amended charter), that provision cannot be implemented. The city will be reviewing the ballot question language to determine whether any provision will need to be implemented.”

Graf did not answer a specific question this week about whether marijuana proponents could challenge the charter amendment in court.

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Daniel Cole, who represents the Colorado Springs Safe Neighborhood Coalition that supported the charter ban, said confusion among voters was the reason both questions were passing. He blamed unclear ballot language in Question 300, which he said seemed to limit recreational marijuana sales though it would actually authorize them.

Jason Warf, executive director of the Southern Colorado Cannabis Council, said voters could have been confused by ballot language in Question 2D, but acknowledged the unofficial election results could simply reflect Colorado Springs’ traditional anti-marijuana stronghold.

Warf said election results so far “show an appetite for adult use.” If recreational sales are banned by charter, that doesn’t necessarily put the question to bed — proponents could try to reverse a charter ban by another vote in the future, and there could be a City Council that is more supportive of retail sales in order to capture additional tax revenues, he said. 

“I think once that happens, it is the prime time to work with the community to bring that tax revenue back into the Springs. One important component is to include the city and work on any future issues so that we don’t have competing ballot questions,” Warf said.

Cole said unofficial election results show otherwise: Colorado Springs voters don’t welcome recreational sales.

“Colorado Springs likes (that we don’t have) recreational marijuana stores all over the city. It sets us apart from the rest of the state. We like that we’re not Denver, and we don’t want to become Denver. It’s a selling point for us that we’re different, and people want to keep it that way. I think that’s why 2D passed. … I think it’s a closed question at this point,” he said.