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Discussion on county taxation of marijuana
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Summary and Background Information:
On March 5th a meeting was held at the request of the City of Northglenn and Adams County regarding the pending legislation concerning the authority of counties to tax the sale and cultivation of marijuana in home rule cities. Commerce City and Aurora were invited to attend with Northglenn in an effort to reach an agreement with Adams County to present to CML and the counties regarding the proposed legislation.
The cities and CML oppose any such legislation unless it provides that the authority to tax the sale and cultivation of marijuana by counties would not include taxation in home rule cities.
Adams County, on behalf of the counties, wants the legislation to make certain the authority to tax as authorized in the Adams County election held last November is valid.
Crystal Elliott and City Attorney Gehler attended the meeting for Commerce City. The meeting was mostly a debate between Northglenn and Adams County. We expressed support for Northglenn's position but also acted as a peacemaker. Ultimately, Adams County agreed to consider not collecting the tax in home rule cities in return for an agreement from the cities to postpone the pending legislation until later in the session to allow more time to negotiate an agreement for support by the cities and the counties for the legislation.
The bill is scheduled for consideration by the legislature on April 1st. Another meeting for the cities and Adams County is scheduled for March 30th. The issue for Commerce City is whether the City Council concurs with the position we have taken.
Staff Responsible (Department Head): City Attorney Gehler
Staff Member Presenting: City Attorney Gehler