Breckenridge to take pot tax to voters |

Breckenridge to take pot tax to voters

Caddie Nath/Summit Daily News

— In an initial vote Tuesday, Breck­­enridge Town Council mem­bers unanimously approved a measure to put a 5 percent medical marijuana excise tax on the ballot in November.

The tax, if implemented, would bring in an estimated $58,000 a year, which is in addition to about $25,000 the town already collects in sales taxes on the annual sales at Breckenridge's seven medical marijuana dispensaries.

The additional funds would be used largely to offset the cost of the administration of the sale of medical marijuana for the town, particularly attorney's fees, but council members also discussed potentially using some of the money to subsidize detoxification programs before the vote.

"It really has impacted what our staff has been doing, especially our town attorney," Breckenridge spokeswoman Kim DiLallo said. "We felt like it was time for us to be able to recoup some of those costs."

Council members previously expressed concerns about levying a tax, similar to those on alcohol and tobacco, on a substance that is supposed to act as medicine as well as appearing to legitimize the sale of a drug still illegal under federal law.

Town attorney Tim Berry said Tuesday that he thought the risk of federal prosecution based on an excise tax to be very small.

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The council will have to approve the ordinance on second reading after a public hearing for the marijuana tax question to appear on the ballot in November.

Fruita, a Western Slope city of about 11,000, approved a similar 5 percent excise tax on the sale of marijuana for medical purposes last year. Oakland Calif., and Los Angeles also have approved similar tax levies, according to Breckenridge documents.

Voters legalized marijuana for medical use in Colorado in 2000, and the town of Breckenridge decriminalized it in 2008.

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