Colorado voters are expected to approve Tuesday that would give state lawmakers permission, once again, to spend $66.1 million in taxes collected from the sale of recreational marijuana.
The first $40 million is earmarked for school construction and $12 million designated for youth and substance abuse programs. The remaining $14.1 million will go to discretionary accounts controlled by lawmakers.
Proposition BB is the third time voters are deciding how to spend pot taxes after approving Amendment 64 in 2012 to legalize marijuana and Proposition AA in 2013 to levy sales and excises taxes. In both prior ballot questions, voters approved putting $40 million toward school construction.
“We are just fulfilling the promises that were made when Amendment 64 was passed,” said state Rep. Polly Lawrence, R-Douglas County, in a recent interview before Election Day. “We are particularly making sure that the money goes to school construction around the state.”
2015 election ResultsThe extra vote Tuesday became necessary after fiscal analysts underestimated how much revenue the state would collect with the new tax in fiscal year 2014-2015. The projection is required in the tax’s first year by the Taxpayer’s Bill of Rights and the mistake would mandate a refund unless lawmakers win voter approval to spend it.
If the measure fails, taxpayers would received a $25 million rebate — ranging from $6-$16 per person, depending on income level — and another $41 million would return to marijuana growers and recreational users through tax breaks.
The question generated little attention in the off-year election, a reflection of the bipartisan support in the General Assembly, which put the measure on the ballot. Only 23 of 100 lawmakers voted against the measure, all Republicans.
The “Vote Yes on Prop BB” campaign anticipated raising about $14,000 but didn’t spend any money on advertisements or mass mailers.
The “No on Prop BB/No on Excess Government” committee didn’t raise any money. But critics — including Americans for Tax Reform, a Washington-based group — sought to as a “tax increase,” adding a sharp political tint to the debate.
The Independence Institute, a limited government advocacy organization based in Denver, also raised questions about how the money would be spent, suggesting it could be unsustainable.
“I believe that taxpayers should get their return if it’s due,” said state Rep. Clarice Navarro, R-Pueblo, in a recent interview. “The legislature has already designated money for those issues” receiving dollars in the ballot measure.
John Frank: 303-954-2409, jfrank@denverpost.com or @ByJohnFrank
