CO Code § 39-28.5-102 (2021)
2021 Colorado Code|Title 39 - Taxation|Article 28.5 - Tax on Tobacco Products|§ 39-28.5-102. Tax Levied

  Except as set forth in subsection (3) of this section, there is levied a tax upon the sale, use, consumption, handling, or distribution of all tobacco products in this state, excluding modified risk tobacco products, at the rate of:   Twenty percent of the manufacturer's list price of the tobacco products for the tax levied prior to January 1, 2021;    Thirty percent of the manufacturer's list price of the tobacco products for the tax levied on and after January 1, 2021, but prior to July 1, 2024;    Thirty-six percent of the manufacturer's list price of the tobacco products for the tax levied on and after July 1, 2024, but prior to July 1, 2027; and    Forty-two percent of the manufacturer's list price of the tobacco products for the tax levied on and after July 1, 2027.       There is levied a tax upon the sale, use, consumption, handling, or distribution of modified risk tobacco products in this state at the rate of:   Fifteen percent of the manufacturer's list price of the modified risk tobacco products for the tax levied on and after January 1, 2021, but prior to July 1, 2024;    Eighteen percent of the manufacturer's list price of the modified risk tobacco products for the tax levied on and after July 1, 2024, but prior to July 1, 2027; and    Twenty-one percent of the manufacturer's list price of the modified risk tobacco products for the tax levied on and after July 1, 2027.         If the total of the tax imposed upon the sale, use, consumption, handling, or distribution of moist snuff under subsection (1) of this section and section 39-28.5-102.5 is less than the minimum moist snuff tax specified in subsection (3)(b) of this section, then the tax imposed upon the sale, use, consumption, handling, or distribution of moist snuff under this section is equal to the minimum moist snuff tax minus the tax imposed under section 39-28.5-102.5.      The minimum moist snuff tax is equal to: (b) (I) The minimum moist snuff tax is equal to:   One dollar forty-eight cents for each one and two-tenth ounce container for the tax levied on and after January 1, 2021, but prior to July 1, 2024;    One dollar eighty-four cents for each one and two-tenth ounce container for the tax levied on and after July 1, 2024, but prior to July 1, 2027; and    Two dollars twenty-six cents for each one and two-tenth ounce container for the tax levied on and after July 1, 2027.       The amount specified in subsection (3)(b)(I) of this section is proportionally increased for any container larger than one and two-tenths ounces.          The tax set forth in this section is collected by the department and is imposed at the time the distributor:   Brings, or causes to be brought, into this state from without the state tobacco products for sale;    Makes, manufactures, or fabricates tobacco products in this state for sale in this state;    Ships or transports tobacco products to retailers in this state to be sold by those retailers; or    Makes a delivery sale.        History. Source: L. 86: Entire article added, p. 1114, § 13, effective July 1. L. 2020: Entire section R&RE,(HB 20-1427), ch. 248, p. 1193, § 12, effective January 1, 2021.    Editor's note:   Section 27(2) of chapter 248 (HB 20-1427), Session Laws of Colorado 2020, provides that changes to this section take effect on the date of the governor's proclamation or January 1, 2021, whichever is later, only if, at the November 2020 statewide election, a majority of voters approve the ballot issue referred in accordance with section 39-28-401 . The ballot issue, referred to the voters as proposition EE, was approved on November 3, 2020, and was proclaimed by the Governor on December 31, 2020. The vote count for the measure was as follows:   FOR: :u720 2,134,608   AGAINST: :u720 1,025,182   Cross references:   For the tax on cigarettes, see article 28 of this title.   ANNOTATION   The tax imposed by this section does not violate the commerce clause of the U.S. Constitution. A state tax impermissibly discriminates against interstate commerce if it is facially discriminatory, has a discriminatory purpose, or has the effect of unduly burdening interstate commerce. A tax is discriminatory if it taxes out-of-state transactions, entities, or products at a higher rate or if it exempts in-state transactions, entities, or products from an otherwise uniform tax. The tax imposed by this section is higher the later in the distribution network the event triggering the tax occurs, but this does not render the tax discriminatory. McLane W., Inc. v. Dept. of Rev., 126 P.3d 211 (Colo. App. 2005).