Colorado 2025 Regular Session

Colorado Senate Bill SB268 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		First Regular Session
2	2		Seventy-fifth General Assembly
3	3		STATE OF COLORADO
4		-	~~REVISED~~
5		-	This Version Includes All Amendments ~~Adopted~~
6		-	~~on Second Reading~~ in the ~~Second House~~
	4	+	REENGROSSED
	5	+	This Version Includes All Amendments
	6	+	Adopted in the House of Introduction
7	7		LLS NO. 25-1023.01 Megan McCall x4215
8	8		SENATE BILL 25-268
9	9		Senate Committees House Committees
10		-	Appropriations ~~Appropriations~~
	10	+	Appropriations
11	11		A BILL FOR AN ACT
12	12		C
13	13		ONCERNING CHANGES TO MONEY IN THE MARIJUANA TAX CASH FUND ,101
14		-	AND, IN CONNECTION THEREWITH ,
15		-	REDUCING AN102
16		-	APPROPRIATION.103
	14	+	AND, IN CONNECTION THEREWITH , MAKING AN APPROPRIATION .102
17	15		Bill Summary
18	16		(Note: This summary applies to this bill as introduced and does
19	17		not reflect any amendments that may be subsequently adopted. If this bill
20	18		passes third reading in the house of introduction, a bill summary that
21	19		applies to the reengrossed version of this bill will be available at
22	20		http://leg.colorado.gov/
23	21		.)
24	22		Joint Budget Committee. Under current law, the general
25	23		assembly is required to annually appropriate $3 million from the
26	24		marijuana tax cash fund (fund) to the board of regents of the university
27	25		of Colorado for the implementation of the medication-assisted treatment
28	26		expansion pilot program (program). For state fiscal years commencing on
29		-	HOUSE
30		-	Amended 2nd Reading
31		-	April 9, 2025
32		-	SENATE
	27	+	and after July 1, 2025, the bill ends the requirement to annuallySENATE
33	28		3rd Reading Unamended
34	29		April 3, 2025
35	30		SENATE
36	31		Amended 2nd Reading
37	32		April 2, 2025
38	33		SENATE SPONSORSHIP
39	34		Bridges and Kirkmeyer, Amabile, Snyder
40	35		HOUSE SPONSORSHIP
41	36		Bird and Sirota, Taggart
42	37		Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
43	38		Capital letters or bold & italic numbers indicate new material to be added to existing law.
44		-	Dashes through the words or numbers indicate deletions from existing law. and after July 1, 2025, the bill ends the requirement to annually
45		-	appropriate $3 million but allows the general assembly to choose to
	39	+	Dashes through the words or numbers indicate deletions from existing law. appropriate $3 million but allows the general assembly to choose to
46	40		appropriate money for the implementation of the program. Accordingly,
47	41		the cash funds appropriation from the fund made in the general
48	42		appropriation act for the 2025-26 state fiscal year for this purpose is
49	43		decreased by $3 million.
50	44		Additionally, current law requires $20 million to be transferred
51	45		from the fund to the public school capital construction assistance fund on
52	46		June 1, 2026. The bill repeals this required transfer.
53	47		Finally, under current law, 10% the proceeds of all money
54	48		collected from the retail marijuana sales tax (tax revenue) are apportioned
55	49		to local governments with the state retaining 90%. Of the retained 90%,
56	50		the tax revenue is further apportioned between the general fund, the fund,
57	51		and the state public school fund. The bill changes the apportionment
58	52		between the state and local governments so that local governments
59	53		receive 5% of the tax revenue and the state retains 95% of the tax
60	54		revenue. The 5% increase of the tax revenue that the state retains is
61	55		apportioned only to the fund.
62	56		Be it enacted by the General Assembly of the State of Colorado:1
63	57		SECTION 1. In Colorado Revised Statutes, 23-21-808, amend2
64	58		(1)(a) as follows:3
65	59		23-21-808. Funding for pilot program. (1) (a) (I) For state fiscal4
66	60		year 2021-22, and each state fiscal year thereafter
67	61		BEFORE STATE FISCAL5
68	62		YEAR 2025-26, the general assembly shall annually appropriate three6
69	63		million dollars per fiscal year from the marijuana tax cash fund created7
70	64		in section 39-28.8-501 to the board of regents of the university of8
71	65		Colorado, for allocation to the center to implement and administer the9
72	66		MAT expansion pilot program. The center may use a portion of the10
73	67		money annually appropriated for the pilot program to pay the direct and11
74	68		indirect costs that the center incurs to administer the pilot program, as12
75	69		well as to provide consulting services to and oversight of grant recipients,13
76	70		for data collection and analysis, evaluation of the pilot program, and14
77	71		program reporting.15
78		-	268-2- (II) FOR STATE FISCAL YEARS COMMENCING ON OR AFTER JULY 1,1
79		-	2025,
80		-	THE GENERAL ASSEMBLY MAY APPROPRIATE MONEY FOR THE2
81		-	PURPOSES SET FORTH IN SUBSECTION (1)(a)(I) OF THIS SECTION AND IN3
82		-	ACCORDANCE WITH THIS SECTION .4
83		-	SECTION 2. In Colorado Revised Statutes, 24-48.5-128, amend
84		-	5
85		-	(4)(b) as follows:6
86		-	24-48.5-128. Program - marijuana entrepreneurs - social7
87		-	equity licensees - report - marijuana entrepreneur fund - creation -8
88		-	legislative declaration - definitions - repeal. (4) Funding. (b) (I) On9
89		-	March 21, 2021, the state treasurer shall transfer four million dollars from10
90		-	the marijuana tax cash fund created in section 39-28.8-501 (1) to the11
91		-	marijuana entrepreneur fund created in subsection (4)(a) of this section.12
92		-	For fiscal years commencing on or after July 1, 2022, the general13
93		-	assembly may appropriate money from the marijuana tax cash fund to the14
94		-	marijuana entrepreneur fund.15
	72	+	(II) F
	73	+	OR STATE FISCAL YEARS COMMENCING ON OR AFTER JULY 1,16
	74	+	268-2- 2025, THE GENERAL ASSEMBLY MAY APPROPRIATE MONEY FOR THE1
	75	+	PURPOSES SET FORTH IN SUBSECTION (1)(a)(I) OF THIS SECTION AND IN2
	76	+	ACCORDANCE WITH THIS SECTION .3
	77	+	SECTION 2. In Colorado Revised Statutes, 24-48.5-128, amend4
	78	+	(4)(b) as follows:5
	79	+	24-48.5-128. Program - marijuana entrepreneurs - social6
	80	+	equity licensees - report - marijuana entrepreneur fund - creation -7
	81	+	legislative declaration - definitions - repeal. (4) Funding. (b) (I) On8
	82	+	March 21, 2021, the state treasurer shall transfer four million dollars from9
	83	+	the marijuana tax cash fund created in section 39-28.8-501 (1) to the10
	84	+	marijuana entrepreneur fund created in subsection (4)(a) of this section.11
	85	+	For fiscal years commencing on or after July 1, 2022, the general12
	86	+	assembly may appropriate money from the marijuana tax cash fund to the13
	87	+	marijuana entrepreneur fund.14
95	88		(II) (A) O
96	89		N JULY 1, 2025, THE STATE TREASURER SHALL TRANSFER
97		-	16
98		-	FIVE HUNDRED FIFTY THOUSAND DOLLARS FROM THE MARIJUANA ~~TAX17~~
99		-	CASH FUND CREATED IN SECTION 39-28.8-501 (1) TO THE ~~MARIJUANA18~~
100		-	ENTREPRENEUR FUND CREATED IN SUBSECTION (4)(a) OF THIS SECTION.19
	90	+	15
	91	+	FIVE HUNDRED FIFTY THOUSAND DOLLARS FROM THE MARIJUANA TAX16
	92	+	CASH FUND CREATED IN SECTION 39-28.8-501 (1) TO THE MARIJUANA17
	93	+	ENTREPRENEUR FUND CREATED IN SUBSECTION (4)(a) OF THIS SECTION.18
101	94		(B) T
102	95		HIS SUBSECTION (4)(b)(II) IS REPEALED, EFFECTIVE JULY 1,
103		-	20
104		-	2026.21
105		-	SECTION 3. In Colorado Revised Statutes, 39-28.8-501, amend22
106		-	(4.8)(a); and repeal (4.8)(c) as follows:23
107		-	39-28.8-501. Marijuana tax cash fund - creation - distribution24
108		-	- legislative declaration - repeal. (4.8) The state treasurer shall transfer25
109		-	from the fund to the public school capital construction assistance fund26
110		-	created in section 22-43.7-104:27
	96	+	19
	97	+	2026.20
	98	+	SECTION 3. In Colorado Revised Statutes, 39-28.8-501, amend21
	99	+	(4.8)(a); and repeal (4.8)(c) as follows:22
	100	+	39-28.8-501. Marijuana tax cash fund - creation - distribution23
	101	+	- legislative declaration - repeal. (4.8) The state treasurer shall transfer24
	102	+	from the fund to the public school capital construction assistance fund25
	103	+	created in section 22-43.7-104:26
	104	+	(a) Fifty million dollars on June 1, 2022. and27
111	105		268
112		-	-3- (a) Fifty million dollars on June 1, 2022. and1
113		-	(c) Twenty million dollars on June 1, 2026. 2
114		-	SECTION 4. In Colorado Revised Statutes, 39-28.8-203, amend3
115		-	(1) introductory portion, (1)(a)(I), and (1)(b)(I.5) introductory portion;4
116		-	and add (1)(b)(I.6) as follows:5
117		-	39-28.8-203. Disposition of collections - definitions. (1) The6
118		-	proceeds of all money collected from the retail marijuana sales tax are7
119		-	initially credited to the old age pension fund created in section 1 of article8
120		-	XXIV of the state constitution in accordance with paragraphs (a) and (f)9
121		-	of section 2 SECTIONS 2 (a) AND 2 (f) of article XXIV of the state10
122		-	constitution and thereafter are transferred to the general fund in11
123		-	accordance with section 7 of article XXIV of the state constitution. For12
124		-	each fiscal year in which a tax is collected pursuant to this part 2, an13
125		-	amount shall be appropriated or distributed from the general fund as14
126		-	follows:15
127		-	(a) (I) Before July 1, 2017, an amount equal to fifteen percent of16
128		-	the gross retail marijuana sales tax revenue collected by the department17
	106	+	-3- (c) Twenty million dollars on June 1, 2026. 1
	107	+	SECTION 4. In Colorado Revised Statutes, 39-28.8-203, amend2
	108	+	(1) introductory portion, (1)(a)(I), and (1)(b)(I.5) introductory portion;3
	109	+	and add (1)(b)(I.6) as follows:4
	110	+	39-28.8-203. Disposition of collections - definitions. (1) The5
	111	+	proceeds of all money collected from the retail marijuana sales tax are6
	112	+	initially credited to the old age pension fund created in section 1 of article7
	113	+	XXIV of the state constitution in accordance with paragraphs (a) and (f)8
	114	+	of section 2 SECTIONS 2 (a) AND 2 (f) of article XXIV of the state9
	115	+	constitution and thereafter are transferred to the general fund in10
	116	+	accordance with section 7 of article XXIV of the state constitution. For11
	117	+	each fiscal year in which a tax is collected pursuant to this part 2, an12
	118	+	amount shall be appropriated or distributed from the general fund as13
	119	+	follows:14
	120	+	(a) (I) Before July 1, 2017, an amount equal to fifteen percent of15
	121	+	the gross retail marijuana sales tax revenue collected by the department16
129	122		is apportioned to local governments. On and after July 1, 2017,
130		-	~~BUT18~~
131		-	BEFORE JULY 1, 2025, an amount equal to ten percent of the gross ~~retail19~~
132		-	marijuana sales tax revenue collected by the department is apportioned ~~to20~~
	123	+	BUT17
	124	+	BEFORE JULY 1, 2025, an amount equal to ten percent of the gross retail18
	125	+	marijuana sales tax revenue collected by the department is apportioned to19
133	126		local governments. O
134		-	N AND AFTER JULY 1, 2025, AN AMOUNT EQUAL TO21
135		-	THREE AND ONE-HALF PERCENT OF THE GROSS RETAIL MARIJUANA SALES22
136		-	TAX REVENUE COLLECTED BY THE DEPARTMENT IS APPORTIONED TO23
137		-	LOCAL GOVERNMENTS . The city or town share is apportioned according24
138		-	to the percentage that retail marijuana sales tax revenue collected by the25
139		-	department within the boundaries of the city or town bear to the total26
140		-	retail marijuana sales tax revenue collected by the department. The county27
	127	+	N AND AFTER JULY 1, 2025, AN AMOUNT EQUAL TO20
	128	+	FIVE PERCENT OF THE GROSS RETAIL MARIJUANA SALES TAX REVENUE21
	129	+	COLLECTED BY THE DEPARTMENT IS APPORTIONED TO LOCAL22
	130	+	GOVERNMENTS. The city or town share is apportioned according to the23
	131	+	percentage that retail marijuana sales tax revenue collected by the24
	132	+	department within the boundaries of the city or town bear to the total25
	133	+	retail marijuana sales tax revenue collected by the department. The county26
	134	+	share is apportioned according to the percentage that retail marijuana27
141	135		268
142		-	-4- share is apportioned according to the percentage that retail marijuana1
143		-	sales tax revenue collected by the department in the unincorporated area2
144		-	of the county bear to total retail marijuana sales tax revenue collected by3
145		-	the department.4
	136	+	-4- sales tax revenue collected by the department in the unincorporated area1
	137	+	of the county bear to total retail marijuana sales tax revenue collected by2
	138	+	the department.3
146	139		(b) (I.5) On and after July 1, 2018,
147		-	BUT BEFORE JULY 1, 2025, ~~of5~~
148		-	the ninety percent of the gross retail marijuana sales tax revenue in ~~the6~~
149		-	general fund remaining after the allocation to local governments ~~required7~~
150		-	by subsection (1)(a)(I) of this section is made, the state treasurer ~~shall8~~
151		-	retain fifteen and fifty-six one-hundredths percent in the general fund ~~for9~~
152		-	use for any lawful purpose and shall transfer from the general fund:10
	140	+	BUT BEFORE JULY 1, 2025, of4
	141	+	the ninety percent of the gross retail marijuana sales tax revenue in the5
	142	+	general fund remaining after the allocation to local governments required6
	143	+	by subsection (1)(a)(I) of this section is made, the state treasurer shall7
	144	+	retain fifteen and fifty-six one-hundredths percent in the general fund for8
	145	+	use for any lawful purpose and shall transfer from the general fund:9
153	146		(I.6) O
154		-	N AND AFTER JULY 1, 2025, OF THE
155		-	NINETY-SIX AND11
156		-	ONE-HALF PERCENT OF THE GROSS RETAIL MARIJUANA SALES TAX12
157		-	REVENUE IN THE GENERAL FUND REMAINING AFTER THE ALLOCATION TO13
158		-	LOCAL GOVERNMENTS REQUIRED BY SUBSECTION (1)(a)(I) OF THIS14
159		-	SECTION IS MADE, THE STATE TREASURER SHALL RETAIN FOURTEEN AND15
160		-	FIFTY-ONE ONE-HUNDREDTHS PERCENT IN THE GENERAL FUND FOR USE16
161		-	FOR ANY LAWFUL PURPOSE AND SHALL TRANSFER FROM THE GENERAL17
162		-	FUND:18
163		-	(A) SEVENTY-TWO AND TWO TENTHS PERCENT TO THE MARIJUANA19
164		-	TAX CASH FUND; 20
	147	+	N AND AFTER JULY 1, 2025, OF THE NINETY-FIVE PERCENT10
	148	+	OF THE GROSS RETAIL MARIJUANA SALES TAX REVENUE IN THE GENERAL11
	149	+	FUND REMAINING AFTER THE ALLOCATION TO LOCAL GOVERNMENTS12
	150	+	REQUIRED BY SUBSECTION (1)(a)(I) OF THIS SECTION IS MADE, THE STATE13
	151	+	TREASURER SHALL RETAIN FOURTEEN AND SEVENTY -FOUR14
	152	+	ONE-HUNDREDTHS PERCENT IN THE GENERAL F UND FOR USE FOR ANY15
	153	+	LAWFUL PURPOSE AND SHALL TRANSFER FROM THE GENERAL FUND :16
	154	+	(A) S
	155	+	EVENTY-THREE AND THIRTY -FOUR ONE-HUNDREDTHS17
	156	+	PERCENT TO THE MARIJUANA TAX CASH FUND ; AND18
165	157		(B) E
166		-	LEVEN AND
167		-	SEVENTY-FOUR ONE-HUNDREDTHS PERCENT TO21
168		-	THE STATE PUBLIC SCHOOL FUND CREATED IN SECTION 22-54-114 (1) FOR22
169		-	USE AS SPECIFIED IN SECTION 22-54-139 (3); AND23
170		-	(C) ONE AND FIFTY-FIVE ONE-HUNDREDTHS PERCENT TO THE24
171		-	MARIJUANA CASH FUND CREATED IN SECTION 44-10-801 (1)(a).25
172		-	SECTION 5. In Colorado Revised Statutes, 22-43.7-104, amend26
173		-	(2)(g) as follows:27
	158	+	LEVEN AND NINETY-TWO ONE-HUNDREDTHS PERCENT TO THE19
	159	+	STATE PUBLIC SCHOOL FUND CREATED IN SECTION 22-54-114 (1) FOR USE20
	160	+	AS SPECIFIED IN SECTION 22-54-139 (3).21
	161	+	SECTION 5.
	162	+	In Colorado Revised Statutes, 22-43.7-104, amend22
	163	+	(2)(g) as follows:23
	164	+	22-43.7-104. Public school capital construction assistance fund24
	165	+	- creation - crediting of money to fund - use of fund - emergency25
	166	+	reserve - creation - reserve account - creation and use. (2) (g) The26
	167	+	assistance fund includes seventy FIFTY million dollars, which the state27
174	168		268
175		-	-5- 22-43.7-104. Public school capital construction assistance fund1
176		-	- creation - crediting of money to fund - use of fund - emergency2
177		-	reserve - creation - reserve account - creation and use. (2) (g) The3
178		-	assistance fund includes seventy FIFTY million dollars, which the state4
179		-	treasurer is required to transfer from the marijuana tax cash fund created5
180		-	in section 39-28.8-501 (1) in two installments, with the first on June 1,6
181		-	2022, and the second on June 1, 2024, pursuant to section 39-28.8-5017
182		-	(4.8).8
183		-	SECTION 6. Appropriation - adjustments to 2025 long bill. To9
184		-	implement this act, the cash funds appropriation from the marijuana tax10
185		-	cash fund created in section 39-28.8-501 (1), C.R.S., made in the annual11
186		-	general appropriation act for the 2025-26 state fiscal year to the12
187		-	department of higher education for use by the Colorado commission on13
188		-	higher education and higher education special purpose programs for the14
189		-	center for substance use disorder, prevention, treatment, and recovery15
190		-	support strategies at the university of Colorado health sciences center is16
191		-	decreased by $3,000,000.17
192		-	SECTION 7. Safety clause. The general assembly finds,18
193		-	determines, and declares that this act is necessary for the immediate19
194		-	preservation of the public peace, health, or safety or for appropriations for20
195		-	the support and maintenance of the departments of the state and state21
196		-	institutions.22
	169	+	-5- treasurer is required to transfer from the marijuana tax cash fund created1
	170	+	in section 39-28.8-501 (1) in two installments, with the first on June 1,2
	171	+	2022, and the second on June 1, 2024, pursuant to section 39-28.8-5013
	172	+	(4.8).4
	173	+	SECTION 6. Appropriation - adjustments to 2025 long bill. To5
	174	+	implement this act, the cash funds appropriation from the marijuana tax6
	175	+	cash fund created in section 39-28.8-501 (1), C.R.S., made in the annual7
	176	+	general appropriation act for the 2025-26 state fiscal year to the8
	177	+	department of higher education for use by the Colorado commission on9
	178	+	higher education and higher education special purpose programs for the10
	179	+	center for substance use disorder, prevention, treatment, and recovery11
	180	+	support strategies at the university of Colorado health sciences center is12
	181	+	decreased by $3,000,000.13
	182	+	SECTION 7. Safety clause. The general assembly finds,14
	183	+	determines, and declares that this act is necessary for the immediate15
	184	+	preservation of the public peace, health, or safety or for appropriations for16
	185	+	the support and maintenance of the departments of the state and state17
	186	+	institutions.18
197	187		268
198	188		-6-