10/28/2010 10:53 am ET | Updated May 25, 2011

Colorado Medical Marijuana: Judge Says Springs Vote To Ban MMJ Will Count

COLORADO SPRINGS - A judge ruled that votes cast in El Paso County to ban medical marijuana businesses will count, despite a lawsuit that sought to block the proposed initiative.

An El Paso County District judge made the ruling Wednesday after medical marijuana businesses filed a lawsuit asking for the ballot question to be removed or that the votes not be counted. Attorneys for the businesses argued the question was unconstitutional.

Earlier this month, Jessica Corry, one of the lawyers involved in filing the suit, explained the case to Westword:

"Putting the issue on the ballot is improper because under 1284, a county or other local government can ban (which has its own constitutional issues being challenged in various jurisdictions around the state) OR a county can regulate. 1284 does not allow for a county to regulate and then ban, which is what is being attempted here."

The ballot measure would prohibit future and existing medical marijuana businesses in incorporated El Paso County. The Colorado Springs Gazette reports that about a dozen marijuana businesses are operating in unincorporated El Paso County.