Colorado Senate Proposes Tighter Regulations on Kratom

Colorado is proposing a bill to update regulations on the sale of kratom.

SB072, entitled "Regulation of Kratom", requires kratom processors (those who manufacture, package, label, or distribute kratom products) to obtain a registration from the Colorado Department of Revenue. This includes paying a fee and providing proof of certain certificates and a registration from the federal Food and Drug Administration.

The bill prohibits certain activities related to kratom products, such as selling to individuals under 21 years old, preparing or distributing adulterated kratom products, and marketing kratom products in a way that appeals to children.

In the first fiscal year, SB072 would require kratom processors to register each product with the revenue department, and pay a $209 fee per product. This is estimated to generate over $600,000 in revenue.

In addition, processors would be expected to follow federal standards for good manufacturing practices and lab testing.

These fees come at a considerable cost to some kratom processors and vendors, which is the reason given by some who testified in opposition to the bill.

Those supporting the bill included a grieving father who lost a son who consumed strong kratom extracts, a nonprofit called Blue Rising that aims to help children navigate the risks of substance use, the Global Kratom Coalition, and Caro Feinberg, who owns a small kratom business that uses good manufacturing practices and lab testing at a considerable expense.

Feinberg stated in her testimony that in states with more relaxed regulations, "there are a significant amount of vendors that refuse to register [their products with the state], either because they don't want to pay the fees, or because their products don't meet the label and testing requirements established by the laws...These businesses however continue to sell their products in the states without consequence."  She called for amendments to be placed on SB072 to ensure funding for enforcement. "If this continues, companies like mine will go out of business, and we will be left with vendors who are willing to cut corners to make a profit."

Colorado passed a kratom regulation bill in 2022 called SB120, "Regulation of Kratom Processors". This bill regulated manufacture and sales of kratom products to those over 21 only, pursuant to a feasibility report on regulating kratom by the Executive Director to the Colorado General Assembly, that was due in January 2023. The law was enacted on July 1, 2024. It stipulates that kratom vendors sell only unadulterated kratom, properly labeled, out of the reach of children, and the vendors must ask for photo ID. The new bill goes considerably further with its requirements.

SB072 now sits in Colorado's Senate Finance Committee, awaiting further action.