C.R.S. § 39-28.8-401 — Submission of ballot questions regarding imposition of retail marijuana sales and excise tax

(1) The secretary of state shall submit a ballot question to a vote of the registered electors of the state of Colorado at the statewide election to be held in November 2013, for their approval or rejection. For purposes of title 1, C.R.S., the ballot question is a proposition. Each elector voting at said November election shall cast a vote as provided by law either Yes/For or No/Against on the proposition: Shall state taxes be increased by $70,000,000 annually in the first full fiscal year and by such amounts as are raised annually thereafter by imposing an excise tax of 15% when unprocessed retail marijuana is first sold or transferred by a retail marijuana cultivation facility with the first $40,000,000 of tax revenues being used for public school capital construction as required by the state constitution, and by imposing an additional sales tax of 10% on the sale of retail marijuana and retail marijuana products with the tax revenues being used to fund the enforcement of regulations on the retail marijuana industry and other costs related to the implementation of the use and regulation of retail marijuana as approved by the voters, with the rate of either or both taxes being allowed to be decreased or increased without further voter approval so long as the rate of either tax does not exceed 15%, and with the resulting tax revenue being allowed to be collected and spent notwithstanding any limitations provided by law? (2) The votes cast for the adoption or rejection of the question submitted pursuant to subsection (1) of this section shall be canvassed and the result determined in the manner provided by law for the canvassing of votes for representatives in congress. Source: L. 2013: Entire article added, (HB 13-1318), ch. 330, p. 1874, § 1, effective May 28. Editor's note: The ballot question specified in subsection (1) was referred to the registered electors on November 5, 2013, and was approved with the following vote count: FOR: 902,181 AGAINST: 479,992 39-28.8-402. Repeal of article. (Repealed) Source: L. 2013: Entire article added, (HB 13-1318), ch. 330, p. 1874, § 1, effective May 28. Editor's note: Subsection (2) provided for the repeal of this section, effective February 1, 2014. (See L. 2013, p. 1874.) PART 5 MARIJUANA TAX CASH FUND