CO Code § 39-28.8-203 (2021)
2021 Colorado Code|Title 39 - Taxation|Article 28.8 - Taxes on Marijuana and Marijuana Products|Part 2 - Retail Marijuana Sales Tax|§ 39-28.8-203. Disposition of Collections - Definitions

  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 paragraphs   and (f) of section 2 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pursuant to this part 2, an amount shall be appropriated or distributed from the general fund as follows:  (I.5) Repealed.       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. (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:   Seventy-one and eighty-five one-hundredths percent to the marijuana tax cash fund; and    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, 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percent in the general fund for use for any lawful purpose and shall transfer from the general fund:       Repealed.    The general assembly shall make appropriations from the marijuana tax cash fund for the expenses of the administration of this section.          Repealed.    As used in this section:   “Ballot issue” means the ballot issue referred to the voters in accordance with section 39-28.8-603 (1).    “Marijuana tax cash fund” is the cash fund created in section 39-28.8-501 (1).         (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, an amount equal to ten 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.    (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) .   History. 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.    Cross references:    For the legislative declaration in HB 15-1367, see section 1 of chapter 271, Session Laws of Colorado 2015.    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.