A charter ban on recreational marijuana establishments in Colorado Springs was likely to take precedence over a competing ballot question that would have approved retail cannabis sales in city limits, unofficial returns show Tuesday night.

When updated results were posted at 10:49 p.m. by the El Paso County Clerk and Recorder’s Office, two competing ballot questions that will either authorize or more permanently prevent retail cannabis sales locally remained in a dead heat, with 245,165 ballots counted.

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 products was earning 53.34% of the vote, while the City Council-backed Ballot Question 2D, which proposes banning recreational marijuana establishments by city charter, had 53.11%.

If results hold and both questions pass, the charter ban will take precedence, city officials previously said.

Colorado Springs has banned recreational sales by ordinance, but the City Council has the discretion to amend or overturn ordinances. A charter ban can only be changed in the future by a vote of the people.

The last time Colorado Springs voters decided on recreational marijuana sales in 2022, the community rejected the proposal, with 57% of voters saying no.

Those opposed to authorizing retail cannabis sales in Colorado Springs have touched on the potential harms of marijuana and the importance of keeping it out of the hands of underage users.

They have also said outlawing recreational marijuana sales could further keep Colorado Springs’ designation as the permanent headquarters of Space Command, as ambivalence over the outcome of Tuesday’s presidential election prompted uncertainty about whether the command would remain in Colorado Springs.

Daniel Cole, who represents the Colorado Springs Safe Neighborhood Coalition that supported the charter ban on recreational marijuana sales, felt the close vote Tuesday came down to confusing ballot language.

“Our polling has shown confusion over Ballot Question 300 (the pro campaign),” Cole said. “Some anti-marijuana people have been voting yes on it because the wording is deliberately deceptive.

It reads like it restricts recreational marijuana stores when in fact it legalizes them. Part of our campaign has been dedicated to correcting that confusion.”

Part of the ballot language for Ballot Question 300 asks voters “to limit the number of retail/recreational marijuana licenses in Colorado Springs so that the number of licensed locations cannot exceed the number of existing medical marijuana licenses on Nov. 5.”

Supporters who want to authorize retail sales have pushed back against claims about marijuana’s potential health risks while also touting its economic benefits for cannabis retailers and the community as a whole.

An estimated $10 million to $15 million in revenues would support public safety, mental health services and post-traumatic stress disorder treatment programs for veterans, as outlined in Ballot Question 300.

Meghan Graf, a spokeswoman for the resident-backed pro campaign Citizens for Responsible Marijuana Regulation, declined to provide an immediate statement Tuesday with results still so close.

In the event retail sales are officially legalized, there is some remaining question about where recreational marijuana shops may be allowed to operate in the city.

The City Council in late September appeared to preemptively limit shops’ possible operating locations to the eastern edge of the community when it voted to prohibit facilities that sell recreational cannabis, if it is allowed in Colorado Springs, from operating within 1 mile of K-12 schools and residential and child care and drug or alcohol treatment facilities.

Proponents of recreational sales and other city leaders who did not support the zoning ordinance said it de facto bans retail marijuana sales because of how limiting it is.

A city-provided map has shown how the current locations of all medical marijuana shops in Colorado Springs do not comply with the 1-mile buffer rule.

Supporters of the 1-mile buffer said it will better keep marijuana away from underage users.

The resident-backed campaign instead proposes prohibiting recreational marijuana shops from operating within 1,000 feet of schools and other facilities.

Though discussion at public meetings in the summer operated under the understanding that the 1-mile buffer will take precedence over the zoning requirements in the resident-backed question, the city has not yet been able to provide a clear answer.

In September, spokesman Max D’Onofrio told The Gazette the Planning Department will need to evaluate each request for a new retail marijuana license to ensure it complies with zoning and licensing requirements in city code.

Ahead of the election, D’Onofrio said Monday there is no update from the city on which setback requirements could take precedence.