Colorado § 39-28.8-203 - Disposition of collections - definitions.

§ 39-28.8-203. Disposition of collections - definitions.

(1) The proceeds of all money collected from the retail marijuana sales tax are initially credited to the old age pension fund created in section 1 of article XXIV of the state constitution in accordance with sections 2 (a) and 2 (f) of article XXIV of the state constitution and thereafter are transferred to the general fund in accordance with section 7 of article XXIV of the state constitution. For each fiscal year in which a tax is collected pursuant to this part 2, an amount shall be appropriated or distributed from the general fund as follows:

(a) (I) Before July 1, 2017, an amount equal to fifteen percent of the gross retail marijuana sales tax revenue collected by the department is apportioned to local governments. On and after July 1, 2017, but before July 1, 2025, an amount equal to ten percent of the gross retail marijuana sales tax revenue collected by the department is apportioned to local governments. On and after July 1, 2025, but before July 1, 2026, an amount equal to three and one-half percent of the gross retail marijuana sales tax revenue collected by the department is apportioned to local governments. The city or town share is apportioned according to the percentage that retail marijuana sales tax revenue collected by the department within the boundaries of the city or town bear to the total retail marijuana sales tax revenue collected by the department. The county share is apportioned according to the percentage that retail marijuana sales tax revenue collected by the department in the unincorporated area of the county bear to total retail marijuana sales tax revenue collected by the department.

(I.5) Repealed.

(II) The department of revenue shall certify to the state treasurer, at least annually, the percentage for apportionment to each local government, and the percentage for apportionment so certified shall be applied by said department in all distributions to local governments until changed by certification to the state treasurer.

(III) Distribution to each local government pursuant to this paragraph (a) shall be made monthly, no later than the fifteenth day of the second successive month after the month for which retail marijuana sales tax collections are made.

(IV) Each local government, upon request and during established business hours, shall be entitled to verify with the executive director of the department or the executive director's designee the proceeds to which the local government is entitled pursuant to the provisions of this paragraph (a).

(V) Moneys apportioned pursuant to this paragraph (a) shall be included for informational purposes in the general appropriation bill or in supplemental appropriation bills for the purpose of complying with the limitation on state fiscal year spending imposed by section 20 of article X of the state constitution and section 24-77-103, C.R.S.

(VI) Nothing in this subsection (1)(a) prevents a local government from imposing, levying, and collecting any fee or any tax upon the sale of retail marijuana or retail marijuana products or upon the occupation or privilege of selling retail marijuana products, nor shall the provisions of this subsection (1)(a) be interpreted to affect any existing authority of a local government to impose a tax on retail marijuana or retail marijuana products to be used for local and municipal purposes; however, any local tax imposed at other than the local jurisdiction's general sales tax rate shall not be collected, administered, and enforced by the department of revenue pursuant to part 2 of article 2 of title 29, but shall instead be collected, administered, and enforced by the local government itself.

(b) (I) Until July 1, 2017, the state treasurer shall transfer from the general fund to the marijuana tax cash fund an amount equal to eighty-five percent of the gross retail marijuana sales tax revenue collected by the department.

(I.3) On and after July 1, 2017, but before July 1, 2018, of the ninety percent of the gross retail marijuana sales tax revenue in the general fund remaining after the allocation to local governments required by subsection (1)(a)(I) of this section is made, the state treasurer shall retain twenty-eight and fifteen one-hundredths percent less thirty million dollars in the general fund for use for any lawful purpose and shall transfer from the general fund:

(A) Seventy-one and eighty-five one-hundredths percent to the marijuana tax cash fund; and

(B) Thirty million dollars to the state public school fund created in section 22-54-114 (1) for use as specified in section 22-54-139 (2).

(I.5) On and after July 1, 2018, but before July 1, 2025, of the ninety percent of the gross retail marijuana sales tax revenue in the general fund remaining after the allocation to local governments required by subsection (1)(a)(I) of this section is made, the state treasurer shall retain fifteen and fifty-six one-hundredths percent in the general fund for use for any lawful purpose and shall transfer from the general fund:

(A) Seventy-one and eighty-five one-hundredths percent to the marijuana tax cash fund; and

(B) Twelve and fifty-nine one-hundredths percent to the state public school fund created in section 22-54-114 (1) for use as specified in section 22-54-139 (3).

(I.6) On and after July 1, 2025, but before July 1, 2026, of the ninety-six and one-half percent of the gross retail marijuana sales tax revenue in the general fund remaining after the allocation to local governments required by subsection (1)(a)(I) of this section is made, the state treasurer shall retain fourteen and fifty-one one-hundredths percent in the general fund for use for any lawful purpose and shall transfer from the general fund:

(A) Seventy-two and two-tenths percent to the marijuana tax cash fund;

(B) Eleven and seventy-four one-hundredths percent to the state public school fund created in section 22-54-114 (1) for use as specified in section 22-54-139 (3); and

(C) One and fifty-five one-hundredths percent to the marijuana cash fund created in section 44-10-801 (1)(a).

(I.7) On and after July 1, 2026, the state treasurer shall retain fourteen percent of the gross retail marijuana sales tax revenue in the general fund for use for any lawful purpose and transfer:

(A) Seventy-three and seventeen one-hundredths percent to the marijuana tax cash fund;

(B) Eleven and thirty-three one-hundredths percent to the state public school fund created in section 22-54-114 (1) for use as specified in section 22-54-139 (3); and

(C) One and fifty one-hundredths percent to the marijuana cash fund created in section 44-10-801 (1)(a).

(II) Repealed.

(III) The general assembly shall make appropriations from the marijuana tax cash fund for the expenses of the administration of this section.

(2) Repealed.

(2.5) On or after November 1, 2027, but prior to April 1, 2028, the joint budget committee shall review the percentage of the gross retail marijuana sales tax revenue that is allocated to local governments pursuant to subsection (1)(a)(I) of this section to determine whether the percentage continues to be appropriate. The committee shall recommend to the general assembly any modifications to the allocation that the committee deems necessary.

(3) As used in this section:

(a) "Ballot issue" means the ballot issue referred to the voters in accordance with section 39-28.8-603 (1).

(b) "Marijuana tax cash fund" is the cash fund created in section 39-28.8-501 (1).

Source: L. 2013: Entire article added, (HB 13-1318), ch. 330, p. 1869, § 1, effective May 28. L. 2014: (1)(b) amended, (SB 14-215), ch. 352, p. 1615, § 8, effective July 1. L. 2015: IP(1), (1)(a)(I), and (1)(b) amended, (1)(a)(I.5) and (3) added, and (2) repealed, (HB 15-1367), ch. 271, p. 1066, § 4, effective June 4. L. 2016: (1)(b)(I) amended and (1)(b)(II) repealed, (HB 16-1418), ch. 156, p. 488, § 2, effective May 4. L. 2017: IP(1), (1)(a)(I), and (1)(b)(I) amended, (1)(a)(I.5) repealed, and (1)(b)(I.3) and (1)(b)(I.5) added, (SB 17-267), ch. 267, p. 1471, § 30, effective May 30. L. 2024: (1)(a)(VI) amended, (SB 24-025), ch. 144, p. 583, § 52, effective July 1, 2025. L. 2025: IP(1), (1)(a)(I), and IP(1)(b)(I.5) amended and (1)(b)(I.6) and (2.5) added, (SB 25-268), ch. 374, p. 2016, § 3, effective June 3. L. 2026: (1)(a)(I) and IP(1)(b)(I.6) amended and (1)(b)(I.7) added, (HB 26-1409), ch. 397, p. 2488, § 1, effective June 4.

Cross references: (1) For the legislative declaration in HB 15-1367, see section 1 of chapter 271, Session Laws of Colorado 2015.

(2) For the legislative declaration in SB 17-267, see section 1 of chapter 267, Session Laws of Colorado 2017.

ANNOTATION

Subsection (1)(a)(VI) does not authorize a county to levy a special sales tax on retail marijuana. The grant of taxing authority must be explicit, not implied, and this section does not contain explicit authority to levy such tax. City of Northglenn v. Bd. of County Comm'rs, 2016 COA 181, 411 P.3d 1139.