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, reducing an
Page 1, Line 103appropriation.
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
Page 2, Line 14program reporting.
Page 3, Line 1(II) For state fiscal years commencing on or after July 1,
Page 3, Line 22025, the general assembly may appropriate money for the
Page 3, Line 3purposes set forth in subsection (1)(a)(I) of this section and in accordance with this section.
Page 3, Line 4SECTION 2. In Colorado Revised Statutes, 24-48.5-128, amend (4)(b) as follows:
Page 3, Line 524-48.5-128. Program - marijuana entrepreneurs - social
Page 3, Line 6equity licensees - report - marijuana entrepreneur fund - creation -
Page 3, Line 7legislative declaration - definitions - repeal. (4) Funding. (b) (I) On
Page 3, Line 8March 21, 2021, the state treasurer shall transfer four million dollars from
Page 3, Line 9the marijuana tax cash fund created in section 39-28.8-501 (1) to the
Page 3, Line 10marijuana entrepreneur fund created in subsection (4)(a) of this section.
Page 3, Line 11For fiscal years commencing on or after July 1, 2022, the general
Page 3, Line 12assembly may appropriate money from the marijuana tax cash fund to the marijuana entrepreneur fund.
Page 3, Line 13(II) (A) On July 1, 2025, the state treasurer shall transfer
Page 3, Line 14five hundred fifty thousand dollars from the marijuana tax
Page 3, Line 15cash 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 16(B) This subsection (4)(b)(II) is repealed, effective July 1, 2026.
Page 3, Line 17SECTION 3. In Colorado Revised Statutes, 39-28.8-501, amend (4.8)(a); and repeal (4.8)(c) as follows:
Page 3, Line 1839-28.8-501. Marijuana tax cash fund - creation - distribution
Page 3, Line 19- legislative declaration - repeal. (4.8) The state treasurer shall transfer
Page 3, Line 20from the fund to the public school capital construction assistance fund
Page 3, Line 21created in section 22-43.7-104:
(a) Fifty million dollars on June 1, 2022.
andPage 4, Line 1(c)
Twenty million dollars on June 1, 2026.Page 4, Line 2SECTION 4. In Colorado Revised Statutes, 39-28.8-203, amend
Page 4, Line 3(1) introductory portion, (1)(a)(I), and (1)(b)(I.5) introductory portion; and add (1)(b)(I.6) as follows:
Page 4, Line 439-28.8-203. Disposition of collections - definitions. (1) The
Page 4, Line 5proceeds of all money collected from the retail marijuana sales tax are
Page 4, Line 6initially credited to the old age pension fund created in section 1 of article
Page 4, Line 7XXIV of the state constitution in accordance with
paragraphs (a) and (f)Page 4, Line 8
of section 2Page 4, Line 9constitution and thereafter are transferred to the general fund in
Page 4, Line 10accordance with section 7 of article XXIV of the state constitution. For
Page 4, Line 11each fiscal year in which a tax is collected pursuant to this part 2, an
Page 4, Line 12amount shall be appropriated or distributed from the general fund as follows:
Page 4, Line 13(a) (I) Before July 1, 2017, an amount equal to fifteen percent of
Page 4, Line 14the gross retail marijuana sales tax revenue collected by the department
Page 4, Line 15is apportioned to local governments. On and after July 1, 2017, but
Page 4, Line 16before July 1, 2025, an amount equal to ten percent of the gross retail
Page 4, Line 17marijuana sales tax revenue collected by the department is apportioned to
Page 4, Line 18local governments. On and after July 1, 2025, an amount equal to
Page 4, Line 19three and one-half percent of the gross retail marijuana sales
Page 4, Line 20tax revenue collected by the department is apportioned to
Page 4, Line 21local governments. The city or town share is apportioned according
Page 4, Line 22to the percentage that retail marijuana sales tax revenue collected by the
Page 4, Line 23department within the boundaries of the city or town bear to the total
Page 4, Line 24retail marijuana sales tax revenue collected by the department. The county
Page 5, Line 1share is apportioned according to the percentage that retail marijuana
Page 5, Line 2sales tax revenue collected by the department in the unincorporated area
Page 5, Line 3of the county bear to total retail marijuana sales tax revenue collected by the department.
Page 5, Line 4(b) (I.5) On and after July 1, 2018, but before July 1, 2025, of
Page 5, Line 5the ninety percent of the gross retail marijuana sales tax revenue in the
Page 5, Line 6general fund remaining after the allocation to local governments required
Page 5, Line 7by subsection (1)(a)(I) of this section is made, the state treasurer shall
Page 5, Line 8retain 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 9(I.6) On and after July 1, 2025, of the ninety-six and
Page 5, Line 10one-half percent of the gross retail marijuana sales tax
Page 5, Line 11revenue in the general fund remaining after the allocation to
Page 5, Line 12local governments required by subsection (1)(a)(I) of this
Page 5, Line 13section is made, the state treasurer shall retain fourteen and
Page 5, Line 14fifty-one one-hundredths percent in the general fund for use
Page 5, Line 15for any lawful purpose and shall transfer from the general fund:
Page 5, Line 16(A) Seventy-two and two tenths percent to the marijuana tax cash fund;
Page 5, Line 17(B) Eleven and seventy-four one-hundredths percent to
Page 5, Line 18the state public school fund created in section 22-54-114 (1) for use as specified in section 22-54-139 (3); and
Page 5, Line 19(C) One and fifty-five one-hundredths percent to the marijuana cash fund created in section 44-10-801 (1)(a).
Page 5, Line 20SECTION 5. In Colorado Revised Statutes, 22-43.7-104, amend
Page 5, Line 21(2)(g) as follows:
Page 6, Line 122-43.7-104. Public school capital construction assistance fund
Page 6, Line 2- creation - crediting of money to fund - use of fund - emergency
Page 6, Line 3reserve - creation - reserve account - creation and use. (2) (g) The
Page 6, Line 4assistance fund includes
seventyPage 6, Line 5treasurer is required to transfer from the marijuana tax cash fund created
Page 6, Line 6in section 39-28.8-501 (1)
in two installments, with the firstPage 6, Line 72022,
and the second on June 1, 2024,Page 6, Line 8SECTION 6. Appropriation - adjustments to 2025 long bill. To
Page 6, Line 9implement this act, the cash funds appropriation from the marijuana tax
Page 6, Line 10cash fund created in section 39-28.8-501 (1), C.R.S., made in the annual
Page 6, Line 11general appropriation act for the 2025-26 state fiscal year to the
Page 6, Line 12department of higher education for use by the Colorado commission on
Page 6, Line 13higher education and higher education special purpose programs for the
Page 6, Line 14center for substance use disorder, prevention, treatment, and recovery
Page 6, Line 15support strategies at the university of Colorado health sciences center is decreased by $3,000,000.
Page 6, Line 16SECTION 7. Safety clause. The general assembly finds,
Page 6, Line 17determines, and declares that this act is necessary for the immediate
Page 6, Line 18preservation of the public peace, health, or safety or for appropriations for
Page 6, Line 19the support and maintenance of the departments of the state and state institutions.