EDITORIAL: Aurora strikes back at Adams County’s low blow to cash in on getting high

AURORA | Aurora made the right move this week in trying to thwart an unfair and illegal tax on city pot shops that also happen to be inside Adams County.

City lawmakers tentatively approved a measure that effectively stops the county from collecting a 3-percent levy on every pot shop in the county. The tax is on top of heavy levies already imposed by the state and city of Aurora.

Slated for a Sept. 21 first reading on the council floor, Aurora would be attempting to create a de facto injunction by barring the city from collecting “any sales tax that is not lawfully imposed and administered.”

Imposing the levy was nothing short of a sneaky scheme last year by Adams County commissioners, who at the 11th hour last year sneaked the measure onto the 2014 county voter ballot. Unsuspecting county voters easily approved the tax, thinking that it was part of the greater plan to tax pot and move toward successful legalization.

It’s not. Aurora taxes the pot because it must regulate pot shops within its jurisdiction. The county does not. These taxes are on top of regular retail taxes, part of which already go to Adams County.

While the county has every right to expect that it should be able to levy this special tax on shops that it must regulate and provide law enforcement for, the shops in places like Aurora, Northglenn and Commerce City are simply being penalized unfairly for the Adams County commission’s sneaky scheme.

Those cities have sued Adams County, but the tax continues to be collected until the lawsuit is resolved by courts, which could take months or even years.

Aurora is now taking a different tact, throwing a wrench in the mechanics of Adams County being able to collect the tax.

The bigger picture here is that Adams County continues to provide ammunition to proponents of pushing Aurora into its own city-county government, similar to Denver’s. This underhanded tax scheme, and continued problems with Adams County jail space for local court convicts, give credence to the argument that this is the time to create that new Aurora government.

Equally as important, Adams County foolishly pushes the cost of legal, recreational marijuana closer to a price that fuels a stubborn black market. All levels of Colorado government must rethink the hefty levies imposed on retail pot. All told, regional governments add about 30 percent or more in taxes to retail pot sales. It’s likely too much to keep black-market weed off the streets, and Adams County’s 3 percent could be the breaking point.

But more than anything, it’s a clear signal that Adams County leaders are out-of-touch with metro municipal issues and priorities, and those living on Adams County’s side of Aurora ultimately pay the highest price for that problem.