First Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
REVISED
This Version Includes All Amendments Adopted
on Second Reading in the Second House
LLS NO. 25-1023.01 Megan McCall x4215
SENATE BILL 25-268
Senate Committees House Committees
Appropriations Appropriations
A BILL FOR AN ACT
C
ONCERNING CHANGES TO MONEY IN THE MARIJUANA TAX CASH FUND ,101
AND, IN CONNECTION THEREWITH ,
REDUCING AN102
APPROPRIATION.103
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
HOUSE
Amended 2nd Reading
April 9, 2025
SENATE
3rd Reading Unamended
April 3, 2025
SENATE
Amended 2nd Reading
April 2, 2025
SENATE SPONSORSHIP
Bridges and Kirkmeyer, Amabile, Snyder
HOUSE SPONSORSHIP
Bird and Sirota, Taggart
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law. 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.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, 23-21-808, amend2
(1)(a) as follows:3
23-21-808. Funding for pilot program. (1) (a) (I) For state fiscal4
year 2021-22, and each state fiscal year thereafter
BEFORE STATE FISCAL5
YEAR 2025-26, the general assembly shall annually appropriate three6
million dollars per fiscal year from the marijuana tax cash fund created7
in section 39-28.8-501 to the board of regents of the university of8
Colorado, for allocation to the center to implement and administer the9
MAT expansion pilot program. The center may use a portion of the10
money annually appropriated for the pilot program to pay the direct and11
indirect costs that the center incurs to administer the pilot program, as12
well as to provide consulting services to and oversight of grant recipients,13
for data collection and analysis, evaluation of the pilot program, and14
program reporting.15
268-2- (II) FOR STATE FISCAL YEARS COMMENCING ON OR AFTER JULY 1,1
2025,
THE GENERAL ASSEMBLY MAY APPROPRIATE MONEY FOR THE2
PURPOSES SET FORTH IN SUBSECTION (1)(a)(I) OF THIS SECTION AND IN3
ACCORDANCE WITH THIS SECTION .4
SECTION 2. In Colorado Revised Statutes, 24-48.5-128, amend
5
(4)(b) as follows:6
24-48.5-128. Program - marijuana entrepreneurs - social7
equity licensees - report - marijuana entrepreneur fund - creation -8
legislative declaration - definitions - repeal. (4) Funding. (b) (I) On9
March 21, 2021, the state treasurer shall transfer four million dollars from10
the marijuana tax cash fund created in section 39-28.8-501 (1) to the11
marijuana entrepreneur fund created in subsection (4)(a) of this section.12
For fiscal years commencing on or after July 1, 2022, the general13
assembly may appropriate money from the marijuana tax cash fund to the14
marijuana entrepreneur fund.15
(II) (A) O
N JULY 1, 2025, THE STATE TREASURER SHALL TRANSFER
16
FIVE HUNDRED FIFTY THOUSAND DOLLARS FROM THE MARIJUANA TAX17
CASH FUND CREATED IN SECTION 39-28.8-501 (1) TO THE MARIJUANA18
ENTREPRENEUR FUND CREATED IN SUBSECTION (4)(a) OF THIS SECTION.19
(B) T
HIS SUBSECTION (4)(b)(II) IS REPEALED, EFFECTIVE JULY 1,
20
2026.21
SECTION 3. In Colorado Revised Statutes, 39-28.8-501, amend22
(4.8)(a); and repeal (4.8)(c) as follows:23
39-28.8-501. Marijuana tax cash fund - creation - distribution24
- legislative declaration - repeal. (4.8) The state treasurer shall transfer25
from the fund to the public school capital construction assistance fund26
created in section 22-43.7-104:27
268
-3- (a) Fifty million dollars on June 1, 2022. and1
(c) Twenty million dollars on June 1, 2026. 2
SECTION 4. In Colorado Revised Statutes, 39-28.8-203, amend3
(1) introductory portion, (1)(a)(I), and (1)(b)(I.5) introductory portion;4
and add (1)(b)(I.6) as follows:5
39-28.8-203. Disposition of collections - definitions. (1) The6
proceeds of all money collected from the retail marijuana sales tax are7
initially credited to the old age pension fund created in section 1 of article8
XXIV of the state constitution in accordance with paragraphs (a) and (f)9
of section 2 SECTIONS 2 (a) AND 2 (f) of article XXIV of the state10
constitution and thereafter are transferred to the general fund in11
accordance with section 7 of article XXIV of the state constitution. For12
each fiscal year in which a tax is collected pursuant to this part 2, an13
amount shall be appropriated or distributed from the general fund as14
follows:15
(a) (I) Before July 1, 2017, an amount equal to fifteen percent of16
the gross retail marijuana sales tax revenue collected by the department17
is apportioned to local governments. On and after July 1, 2017,
BUT18
BEFORE JULY 1, 2025, an amount equal to ten percent of the gross retail19
marijuana sales tax revenue collected by the department is apportioned to20
local governments. O
N AND AFTER JULY 1, 2025, AN AMOUNT EQUAL TO21
THREE AND ONE-HALF PERCENT OF THE GROSS RETAIL MARIJUANA SALES22
TAX REVENUE COLLECTED BY THE DEPARTMENT IS APPORTIONED TO23
LOCAL GOVERNMENTS . The city or town share is apportioned according24
to the percentage that retail marijuana sales tax revenue collected by the25
department within the boundaries of the city or town bear to the total26
retail marijuana sales tax revenue collected by the department. The county27
268
-4- share is apportioned according to the percentage that retail marijuana1
sales tax revenue collected by the department in the unincorporated area2
of the county bear to total retail marijuana sales tax revenue collected by3
the department.4
(b) (I.5) On and after July 1, 2018,
BUT BEFORE JULY 1, 2025, of5
the ninety percent of the gross retail marijuana sales tax revenue in the6
general fund remaining after the allocation to local governments required7
by subsection (1)(a)(I) of this section is made, the state treasurer shall8
retain fifteen and fifty-six one-hundredths percent in the general fund for9
use for any lawful purpose and shall transfer from the general fund:10
(I.6) O
N AND AFTER JULY 1, 2025, OF THE
NINETY-SIX AND11
ONE-HALF PERCENT OF THE GROSS RETAIL MARIJUANA SALES TAX12
REVENUE IN THE GENERAL FUND REMAINING AFTER THE ALLOCATION TO13
LOCAL GOVERNMENTS REQUIRED BY SUBSECTION (1)(a)(I) OF THIS14
SECTION IS MADE, THE STATE TREASURER SHALL RETAIN FOURTEEN AND15
FIFTY-ONE ONE-HUNDREDTHS PERCENT IN THE GENERAL FUND FOR USE16
FOR ANY LAWFUL PURPOSE AND SHALL TRANSFER FROM THE GENERAL17
FUND:18
(A) SEVENTY-TWO AND TWO TENTHS PERCENT TO THE MARIJUANA19
TAX CASH FUND; 20
(B) E
LEVEN AND
SEVENTY-FOUR ONE-HUNDREDTHS PERCENT TO21
THE STATE PUBLIC SCHOOL FUND CREATED IN SECTION 22-54-114 (1) FOR22
USE AS SPECIFIED IN SECTION 22-54-139 (3); AND23
(C) ONE AND FIFTY-FIVE ONE-HUNDREDTHS PERCENT TO THE24
MARIJUANA CASH FUND CREATED IN SECTION 44-10-801 (1)(a).25
SECTION 5. In Colorado Revised Statutes, 22-43.7-104, amend26
(2)(g) as follows:27
268
-5- 22-43.7-104. Public school capital construction assistance fund1
- creation - crediting of money to fund - use of fund - emergency2
reserve - creation - reserve account - creation and use. (2) (g) The3
assistance fund includes seventy FIFTY million dollars, which the state4
treasurer is required to transfer from the marijuana tax cash fund created5
in section 39-28.8-501 (1) in two installments, with the first on June 1,6
2022, and the second on June 1, 2024, pursuant to section 39-28.8-5017
(4.8).8
SECTION 6. Appropriation - adjustments to 2025 long bill. To9
implement this act, the cash funds appropriation from the marijuana tax10
cash fund created in section 39-28.8-501 (1), C.R.S., made in the annual11
general appropriation act for the 2025-26 state fiscal year to the12
department of higher education for use by the Colorado commission on13
higher education and higher education special purpose programs for the14
center for substance use disorder, prevention, treatment, and recovery15
support strategies at the university of Colorado health sciences center is16
decreased by $3,000,000.17
SECTION 7. Safety clause. The general assembly finds,18
determines, and declares that this act is necessary for the immediate19
preservation of the public peace, health, or safety or for appropriations for20
the support and maintenance of the departments of the state and state21
institutions.22
268
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