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Second Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
REENGROSSED
This Version Includes All Amendments
Adopted in the House of Introduction
LLS NO. 26-0966.01 Jacob Bennington x2371 HOUSE BILL 26-1409
House Committees Senate Committees
Appropriations
A BILL FOR AN ACT
CONCERNING THE DISTRIBUTION OF MONEY COLLECTED FROM THE101
RETAIL MARIJUANA SALES TAX.102
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. Current law requires 3.5% of the gross
retail marijuana sales tax revenue to be distributed to local governments.
The bill eliminates the distribution to local governments and allocates the
gross retail marijuana sales tax revenue as follows:
! 73.17% to the marijuana tax cash fund (fund);
! 11.33% to the state public school fund;
HOUSE
3rd Reading Unamended
April 11, 2026
HOUSE
2nd Reading Unamended
April 9, 2026
HOUSE SPONSORSHIP
Brown and Sirota, Taggart, Carter
SENATE SPONSORSHIP
Bridges and Kirkmeyer, Amabile
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.
! 1.5% to the marijuana cash fund; and
! 14% to the general fund.
The bill also directs the state treasurer to transfer from the fund to
the state public school fund at the end of each fiscal year, an amount
equal to the difference between the balance of the fund and:
! 15% of the amount that the general assembly appropriated
from the fund in that fiscal year; and
! Any amount of the fund designated to be part of the
emergency reserve for that fiscal year.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, 39-28.8-203, amend2
(1)(a)(I) and (1)(b)(I.6); and add (1)(b)(I.7) as follows:3
39-28.8-203. Disposition of collections - definitions.4
(1) The proceeds of all money collected from the retail marijuana5
sales tax are initially credited to the old age pension fund created in6
section 1 of article XXIV of the state constitution in accordance with7
sections 2 (a) and 2 (f) of article XXIV of the state constitution and8
thereafter are transferred to the general fund in accordance with section9
7 of article XXIV of the state constitution. For each fiscal year in which10
a tax is collected pursuant to this part 2, an amount shall be appropriated11
or distributed from the general fund as follows:12
(a) (I) Before July 1, 2017, an amount equal to fifteen percent of13
the gross retail marijuana sales tax revenue collected by the department14
is apportioned to local governments. On and after July 1, 2017, but before15
July 1, 2025, an amount equal to ten percent of the gross retail marijuana16
sales tax revenue collected by the department is apportioned to local17
governments. On and after July 1, 2025, BUT BEFORE JULY 1, 2026, an18
amount equal to three and one-half percent of the gross retail marijuana19
sales tax revenue collected by the department is apportioned to local20
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governments. The city or town sh are is apportioned according to the1
percentage that retail marijuana sales tax revenue collected by the2
department within the boundaries of the city or town bear to the total3
retail marijuana sales tax revenue collected by the department. The county4
share is apportioned according to the percentage that retail marijuana5
sales tax revenue collected by the department in the unincorporated area6
of the county bear to total retail marijuana sales tax revenue collected by7
the department.8
(b) (I.6) On and after July 1, 2025, BUT BEFORE JULY 1, 2026, of9
the ninety-six and one-half percent of the gross retail marijuana sales tax10
revenue in the general fund remaining after the allocation to local11
governments required by subsection (1)(a)(I) of this section is made, the12
state treasurer shall retain fourteen and fifty-one one-hundredths percent13
in the general fund for use for any lawful purpose and shall transfer from14
the general fund:15
(I.7) ON AND AFTER JULY 1, 2026, THE STATE TREASURER SHALL16
RETAIN FOURTEEN PERCENT OF THE GROSS RETAIL MARIJUANA SALES TAX17
REVENUE IN THE GENERAL FUND FOR USE FOR ANY LAWFUL PURPOSE AND18
TRANSFER:19
(A) SEVENTY-THREE AND SEVENTEEN ONE-HUNDREDTHS PERCENT20
TO THE MARIJUANA TAX CASH FUND;21
(B) ELEVEN AND THIRTY-THREE ONE-HUNDREDTHS PERCENT TO22
THE STATE PUBLIC SCHOOL FUND CREATED IN SECTION 22-54-114 (1) FOR23
USE AS SPECIFIED IN SECTION 22-54-139 (3); AND24
(C) O NE AND FIFTY ONE -HUNDREDTHS PERCENT TO THE25
MARIJUANA CASH FUND CREATED IN SECTION 44-10-801 (1)(a).26
SECTION 2. In Colorado Revised Statutes, 39-28.8-501, add27
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(5)(c) as follows:1
39-28.8-501. Marijuana tax cash fund - creation - distribution2
- legislative declaration - repeal.3
(5) (c) ON JUNE 30, 2027, AND ON EACH JUNE 30 THEREAFTER, THE4
STATE TREASURER SHALL TRANSFER FROM THE FUND TO THE STATE PUBLIC5
SCHOOL FUND CREATED IN SECTION 22-54-114 (1) AN AMOUNT EQUAL TO6
THE DIFFERENCE BETWEEN THE BALANCE OF THE FUND AND:7
(I) FIFTEEN PERCENT OF THE AMOUNT THAT THE GENERAL8
ASSEMBLY APPROPRIATED FROM THE FUND IN THE APPLICABLE FISCAL9
YEAR; AND10
(II) THE AMOUNT OF THE FUND , IF ANY , DESIGNATED BY THE11
GENERAL ASSEMBLY IN THE GENERAL APPROPRIATION BILL OR BY12
SEPARATE BILL TO CONSTITUTE ALL OR A PART OF THE EMERGENCY13
RESERVE PURSUANT TO SECTION 24-77-104 (2) FOR THE APPLICABLE STATE14
FISCAL YEAR.15
SECTION 3. Safety clause. The general assembly finds,16
determines, and declares that this act is necessary for the immediate17
preservation of the public peace, health, or safety or for appropriations for18
the support and maintenance of the departments of the state and state19
institutions.20
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