CO: Pueblo County Planning To Fix Special Marijuana Tax Issue

Katelyn Baker

Well-Known Member
Caught in the crosshairs of a pending Front Range court battle, Pueblo County is taking the lead in crafting compromise legislation at the state level to preserve its authority to impose a special 3.5 percent marijuana tax in the county.

"This is one of our top priority pieces of legislation. We literally have millions of dollars at stake," Commissioner Sal Pace said Thursday.

A Colorado Court of Appeals case determined that Adams County does not have the authority to impose a special tax on marijuana.

Last month, that court issued an opinion in favor of the cities of Northglenn, Aurora and Commerce City that had issue with Adams County's pot tax. Adams County has filed an appeal to the Colorado Supreme Court in the case.

Pueblo County may lose its pot tax if the state Supreme Court upholds the appeals court's decision.

In the meantime, $1.5 million in marijuana-tax-funded projects in the county remain on hold.

Pace said there are only two ways to fix the issue.

"One is if the (Colorado) Supreme Court grants Adams County's appeal – and we are certainly watching that – and the other is to push a piece of legislation," Pace said.

Pace said the county will ask Pueblo's legislative delegation for support.

"We plan on reaching out to them more formally in the next few weeks," he said.

"Our lobbyists also are working this issue hard."

Pueblo County is an active member in Colorado Counties Inc., and Pace said the commissioners are talking with the organization for support.

"At the end of the day, we will defend Pueblo County. This issue only impacts two counties, and it's unfortunate that a peripheral fight in Adams County has drawn Pueblo County in," Pace said.

State Rep. Daneya Esgar, D-Pueblo, said she wants to help the commissioners find a way to fix the problem.

"I think it's important that we find a solution, whether it's legislative or whether we wait for the Supreme Court to make a ruling, but we have to find a solution to allow Pueblo County to keep its marijuana sales tax that it has already budgeted for," Esgar said.

"We are using that money to fund great projects, and we need to protect that," Esgar said.

"It's my job as a legislator."

Esgar said that she has had conversations with Pace as well as some of her colleagues at the state Capitol.

"I just want to make sure that whatever the solution is, that it is going to benefit Pueblo County. I am willing to help with a bill. I am not sure at this point if I would be the one to sponsor the bill, but I would love to help get a bill through that helps shore up this marijuana sales tax the same way we do with the (marijuana) excise tax," Esgar said.

State Sen. Leroy Garcia, D-Pueblo, said the issue is a new challenge and in its beginning stages.

"We've had initial conversations with the commissioners and our office has been looking at the court case," Garcia said.

"I look forward to seeing what probably is going to be our best approach understanding this new legal case."

Garcia said he is open to understanding.

"I do understand how important this is in Pueblo County, but at the same time, right now, we have a court case before us saying that – at least in Adams County's instance – that this is not the way it should have prevailed," Garcia said.

Garcia said the case in Adams is different because it's a battle between cities and the county.

"In Pueblo County, we don't really have that happening," Garcia said.

"I think it's really early in the discussion, but this will be a really important topic and I know it is one that I am going to monitor closely."

Some of the county projects on hold include a $750,000 project that would address critical system needs at the county jail.

The county also was set to give Colorado State University-Pueblo $50,000 for marijuana research.

A $200,000 Pueblo West roads project also is on hold.

"Until we have a clear answer we can't spend money that we don't know we will have for certain," Pace said.

Pace said the county is looking to meet with impacted entities in the next few weeks to explain the situation and how the commissioners plan on rectifying it.

"Part of the reason the voters supported overwhelmingly the legalization of marijuana here in Pueblo is that they wanted to see community assets get funded via marijuana taxes," he said.

"This is critically important to maintaining the system that the voters expect. I am confident that this will be cleared up, but it's going to take a little bit of work."

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News Moderator: Katelyn Baker 420 MAGAZINE ®
Full Article: Pueblo County Planning To Fix Special Marijuana Tax Issue
Author: Anthony A. Mestas
Contact: (719) 544-3520
Photo Credit: Robert F. Bukaty
Website: The Pueblo Chieftain
 
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