With literally millions of “greenbacks” pouring in Colorado recreational pot shops since the start of the year, it begs the policy question at the Gold Dome of how best to utilize the revenue. Per the original ballot question, the first $40 million in taxes each year on recreational marijuana sales must go toward public school construction.
However, with the state predicting that $133 million in taxes for the next fiscal year starting on July 1, there are lots of ideas and plenty of interested “takers” for the excess. Gov. John Hickenlooper previously proposed that most of the excess funds (more than $85 million of it) be earmarked for youth marijuana use prevention and addiction treatment. I think that is the wrong focus.
Colorado police chiefs have a better idea. They are asking for a portion of the excess revenue beyond the $3 million-plus which the guv also proposed for statewide law enforcement and public safety programs. The local government law enforcement leaders make a good case for more funding to help cope with the impacts from recreational marijuana use. Such things as training officers to better identify stoned drivers and purchasing “oral fluid testing” equipment to be used in the field seems essential to enforce laws pertaining to driving while under the influence of pot as well as help develop research.
To plow more than $85 million back into marijuana prevention for youth and addiction treatment, seems to be a vicious circle. Let’s provide the necessary resources to the State Highway Patrol, county sheriff offices and municipal police departments to enforce the laws that come into play with marijuana users. Certainly some funds should be set aside for what the Governor has in mind, but to earmark the bulk of the tax revenue for these purposes seems like the one hand giving to the other.
Fracking for oil and gas exploration continues to be in the news. This issue ain’t going away folks. District Court Judge Chris Melonakis (Adams and Broomfield judicial district), ruled to uphold the Broomfield election results calling for a 5-year ban on fracking. The closely contested election passed by only 20 votes out of 20,000-plus votes. So, Broomfield joins the list of Colorado cities which ban fracking for various periods of time. The Brighton City Council recently suspended applications for oil and gas drilling in their city effective immediately. No applications will be accepted or processed until July 15th. This was done to provide time for the establishment of revised regulations that address issues of local concern that are unique to Brighton.
Of particular interest, is the agreement between the City of Longmont, Colorado Oil and Gas Association (COGA) and the Colorado Oil and Gas Conservation Commission which was recently announced. The city agreed to have the lawsuit challenging the city’s legal authority to ban fracking to be tried first in Boulder County District Court. In 2012, Longmont voters approved to ban fracking and the COGA subsequently filed a lawsuit challenging the municipality’s authority to impose such a ban.
The second lawsuit that will be tried pertains to the regulations which the City Council had enacted in 2012 addressing oil and gas rules including restrictions against drilling in residential zones. Both of the lawsuits challenging the City of Longmont could be pivotal regarding municipal authority in this arena. In the meantime, the State Legislature should be explicitly providing the authority for cities to protect their residential areas.
Bill Christopher is a former Westminster city manager and RTD board member.