2023 Colorado Revised Statutes › Title 39 - TAXATION (§§ 39-1-101 — 39-37-301) › SPECIFIC TAXES (§§ 39-20-101 — 39-37-301) › CONTROLLED SUBSTANCES TAX (§§ 39-28.7-101 — 39-28.8-601) › Article 28.8 - TAXES ON MARIJUANA AND MARIJUANA PRODUCTS (§§ 39-28.8-101 — 39-28.8-601) › Part 2 - RETAIL MARIJUANA SALES TAX (§§ 39-28.8-201 — 39-28.8-205) › Section 39-28.8-203 - [Effective Until 7/1/2025] 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 paragraphs (a) 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:
(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.
(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Repealed.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 paragraph (a) shall be construed to prevent 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 paragraph (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 section
29-2-106
, C.R.S., 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, 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)
.
(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.
(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)
.
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.
This section is set out more than once due to postponed, multiple, or conflicting amendments.
(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.