Marijuana Law, Policy & Reform

Editor: Douglas A. Berman
Moritz College of Law

Tuesday, January 1, 2019

Notable review of where Colorado marijuana tax revenues are going

CD31POTTAXCASHFUNDThe Denver Post has a notable new series of article looking at tax revenues from its marijuana industry. Here are links to the pieces, with an interesting passage from each within:

Part 1: "Pot money helps schools, but not as much as you might think."

There has been some real impact since recreational marijuana showed up:

  • Dozens of new roofs for crumbling schools across the state.
  • Sprinklers in buildings built decades before they existed.
  • Security systems in an age of concern for student safety.
  • Additional classrooms to alleviate relentless overcrowding.
  • New gyms to replace dilapidated ones.
  • New schools because older ones are unsafe to enter.

But there have also been dozens of other similar projects statewide that have gone unfunded because not enough dollars are allocated to handle them all. 

Part 2: "Legalization raised a slew of money for main streets and other local public projects."

While the public’s attention has focused on the roughly quarter-billion dollars a year in marijuana-related revenue that flows into state coffers, the burgeoning marijuana business also has brought a bonanza in tax revenue for dozens of municipal and county governments.

Nobody comprehensively tracks the local figures, but as Colorado marks the five-year anniversary of legalization a Denver Post analysis fleshed out a large part of the picture based on available data: In 2017, at least $71 million was collected from recreational marijuana via local taxes and the “share-backs” provided by the state, which now returns a tenth of the total raised by its own 15 percent special marijuana sales tax.

Part 3: "Almost half of Colorado’s marijuana money can go wherever lawmakers wish."

Marijuana Tax Cash Fund ... is the largest pool of marijuana tax revenue in the state. Colorado collected $251 million during fiscal year 2017-2018, and 49 percent of that went into the Marijuana Cash Tax Fund. Three funds that support K-12 education received a collective $98 million, $16.7 million went to local governments and $12.4 million went into the general fund.

State law technically allows the General Assembly to appropriate its tax fund money for any purpose, but state legislators created a set of “allowable purposes” such as mental health treatment, marijuana research and law enforcement training and to provide services to school-age children. Each year, lawmakers tinker with the cash fund by running bills to create new grants and by adjusting how much marijuana money, if any, goes into programs they created in previous years.

https://lawprofessors.typepad.com/marijuana_law/2019/01/notable-review-of-where-colorado-marijuana-tax-revenues-are-going.html

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