A Bill for an Act
Page 1, Line 101Concerning changes to money in the marijuana tax cash fund,
Page 1, Line 102and, in connection therewith, making an appropriation.
Bill Summary
(Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov/.)
Joint Budget Committee. Under current law, the general assembly is required to annually appropriate $3 million from the marijuana tax cash fund (fund) to the board of regents of the university of Colorado for the implementation of the medication-assisted treatment expansion pilot program (program). For state fiscal years commencing on and after July 1, 2025, the bill ends the requirement to annually appropriate $3 million but allows the general assembly to choose to appropriate money for the implementation of the program. Accordingly, the cash funds appropriation from the fund made in the general appropriation act for the 2025-26 state fiscal year for this purpose is decreased by $3 million.
Additionally, current law requires $20 million to be transferred from the fund to the public school capital construction assistance fund on June 1, 2026. The bill repeals this required transfer.
Finally, under current law, 10% the proceeds of all money collected from the retail marijuana sales tax (tax revenue) are apportioned to local governments with the state retaining 90%. Of the retained 90%, the tax revenue is further apportioned between the general fund, the fund, and the state public school fund. The bill changes the apportionment between the state and local governments so that local governments receive 5% of the tax revenue and the state retains 95% of the tax revenue. The 5% increase of the tax revenue that the state retains is apportioned only to the fund.
Page 2, Line 1Be it enacted by the General Assembly of the State of Colorado:
Page 2, Line 2SECTION 1. In Colorado Revised Statutes, 23-21-808, amend (1)(a) as follows:
Page 2, Line 323-21-808. Funding for pilot program. (1) (a) (I) For state fiscal
Page 2, Line 4year 2021-22, and each state fiscal year thereafter before state fiscal
Page 2, Line 5year 2025-26, the general assembly shall annually appropriate three
Page 2, Line 6million dollars per fiscal year from the marijuana tax cash fund created
Page 2, Line 7in section 39-28.8-501 to the board of regents of the university of
Page 2, Line 8Colorado, for allocation to the center to implement and administer the
Page 2, Line 9MAT expansion pilot program. The center may use a portion of the
Page 2, Line 10money annually appropriated for the pilot program to pay the direct and
Page 2, Line 11indirect costs that the center incurs to administer the pilot program, as
Page 2, Line 12well as to provide consulting services to and oversight of grant recipients,
Page 2, Line 13for data collection and analysis, evaluation of the pilot program, and program reporting.
Page 2, Line 14(II) For state fiscal years commencing on or after July 1,
Page 3, Line 12025, the general assembly may appropriate money for the
Page 3, Line 2purposes set forth in subsection (1)(a)(I) of this section and in accordance with this section.
Page 3, Line 3SECTION 2. In Colorado Revised Statutes, 24-48.5-128, amend (4)(b) as follows:
Page 3, Line 424-48.5-128. Program - marijuana entrepreneurs - social
Page 3, Line 5equity licensees - report - marijuana entrepreneur fund - creation -
Page 3, Line 6legislative declaration - definitions - repeal. (4) Funding. (b) (I) On
Page 3, Line 7March 21, 2021, the state treasurer shall transfer four million dollars from
Page 3, Line 8the marijuana tax cash fund created in section 39-28.8-501 (1) to the
Page 3, Line 9marijuana entrepreneur fund created in subsection (4)(a) of this section.
Page 3, Line 10For fiscal years commencing on or after July 1, 2022, the general
Page 3, Line 11assembly may appropriate money from the marijuana tax cash fund to the marijuana entrepreneur fund.
Page 3, Line 12(II) (A) On July 1, 2025, the state treasurer shall transfer
Page 3, Line 13five hundred fifty thousand dollars from the marijuana tax
Page 3, Line 14cash fund created in section 39-28.8-501 (1) to the marijuana entrepreneur fund created in subsection (4)(a) of this section.
Page 3, Line 15(B) This subsection (4)(b)(II) is repealed, effective July 1, 2026.
Page 3, Line 16SECTION 3. In Colorado Revised Statutes, 39-28.8-501, amend (4.8)(a); and repeal (4.8)(c) as follows:
Page 3, Line 1739-28.8-501. Marijuana tax cash fund - creation - distribution
Page 3, Line 18- legislative declaration - repeal. (4.8) The state treasurer shall transfer
Page 3, Line 19from the fund to the public school capital construction assistance fund created in section 22-43.7-104:
Page 3, Line 20(a) Fifty million dollars on June 1, 2022.
and(c)
Twenty million dollars on June 1, 2026.Page 4, Line 1SECTION 4. In Colorado Revised Statutes, 39-28.8-203, amend
Page 4, Line 2(1) introductory portion, (1)(a)(I), and (1)(b)(I.5) introductory portion; and add (1)(b)(I.6) as follows:
Page 4, Line 339-28.8-203. Disposition of collections - definitions. (1) The
Page 4, Line 4proceeds of all money collected from the retail marijuana sales tax are
Page 4, Line 5initially credited to the old age pension fund created in section 1 of article
Page 4, Line 6XXIV of the state constitution in accordance with
paragraphs (a) and (f)Page 4, Line 7
of section 2Page 4, Line 8constitution and thereafter are transferred to the general fund in
Page 4, Line 9accordance with section 7 of article XXIV of the state constitution. For
Page 4, Line 10each fiscal year in which a tax is collected pursuant to this part 2, an
Page 4, Line 11amount shall be appropriated or distributed from the general fund as follows:
Page 4, Line 12(a) (I) Before July 1, 2017, an amount equal to fifteen percent of
Page 4, Line 13the gross retail marijuana sales tax revenue collected by the department
Page 4, Line 14is apportioned to local governments. On and after July 1, 2017, but
Page 4, Line 15before July 1, 2025, an amount equal to ten percent of the gross retail
Page 4, Line 16marijuana sales tax revenue collected by the department is apportioned to
Page 4, Line 17local governments. On and after July 1, 2025, an amount equal to
Page 4, Line 18five percent of the gross retail marijuana sales tax revenue
Page 4, Line 19collected by the department is apportioned to local
Page 4, Line 20governments. The city or town share is apportioned according to the
Page 4, Line 21percentage that retail marijuana sales tax revenue collected by the
Page 4, Line 22department within the boundaries of the city or town bear to the total
Page 4, Line 23retail marijuana sales tax revenue collected by the department. The county
Page 4, Line 24share is apportioned according to the percentage that retail marijuana
Page 5, Line 1sales tax revenue collected by the department in the unincorporated area
Page 5, Line 2of the county bear to total retail marijuana sales tax revenue collected by the department.
Page 5, Line 3(b) (I.5) On and after July 1, 2018, but before July 1, 2025, of
Page 5, Line 4the ninety percent of the gross retail marijuana sales tax revenue in the
Page 5, Line 5general fund remaining after the allocation to local governments required
Page 5, Line 6by subsection (1)(a)(I) of this section is made, the state treasurer shall
Page 5, Line 7retain fifteen and fifty-six one-hundredths percent in the general fund for use for any lawful purpose and shall transfer from the general fund:
Page 5, Line 8(I.6) On and after July 1, 2025, of the ninety-five percent
Page 5, Line 9of the gross retail marijuana sales tax revenue in the general
Page 5, Line 10fund remaining after the allocation to local governments
Page 5, Line 11required by subsection (1)(a)(I) of this section is made, the state
Page 5, Line 12treasurer shall retain fourteen and seventy-four
Page 5, Line 13one-hundredths percent in the general fund for use for any lawful purpose and shall transfer from the general fund:
Page 5, Line 14(A) Seventy-three and thirty-four one-hundredths percent to the marijuana tax cash fund; and
Page 5, Line 15(B) Eleven and ninety-two one-hundredths percent to the
Page 5, Line 16state public school fund created in section 22-54-114 (1) for use as specified in section 22-54-139 (3).
Page 5, Line 17SECTION 5. In Colorado Revised Statutes, 22-43.7-104, amend (2)(g) as follows:
Page 5, Line 1822-43.7-104. Public school capital construction assistance fund
Page 5, Line 19- creation - crediting of money to fund - use of fund - emergency
Page 5, Line 20reserve - creation - reserve account - creation and use. (2) (g) The
Page 5, Line 21assistance fund includes
seventyPage 6, Line 1treasurer is required to transfer from the marijuana tax cash fund created
Page 6, Line 2in section 39-28.8-501 (1)
in two installments, with the firstPage 6, Line 32022,
and the second on June 1, 2024,Page 6, Line 4SECTION 6. Appropriation - adjustments to 2025 long bill. To
Page 6, Line 5implement this act, the cash funds appropriation from the marijuana tax
Page 6, Line 6cash fund created in section 39-28.8-501 (1), C.R.S., made in the annual
Page 6, Line 7general appropriation act for the 2025-26 state fiscal year to the
Page 6, Line 8department of higher education for use by the Colorado commission on
Page 6, Line 9higher education and higher education special purpose programs for the
Page 6, Line 10center for substance use disorder, prevention, treatment, and recovery
Page 6, Line 11support strategies at the university of Colorado health sciences center is decreased by $3,000,000.
Page 6, Line 12SECTION 7. Safety clause. The general assembly finds,
Page 6, Line 13determines, and declares that this act is necessary for the immediate
Page 6, Line 14preservation of the public peace, health, or safety or for appropriations for
Page 6, Line 15the support and maintenance of the departments of the state and state institutions.