Bipartisan Colorado Senate Bill Introduced to Regulate Kratom Products

Colorado Senate Bill 72, which would regulate the manufacturing, distribution, and sale of kratom products, was introduced yesterday by State Senators Kyle Mullica and Byron Pelton, with support from State Representatives Lindsay and Matt Soper.

The bipartisan legislation, supported by two Democrats and two Republicans, has been assigned to the Senate Finance Committee for initial review.

The bill proposes several measures to enhance consumer safety and oversight of kratom, a plant which has been used for thousands of years for its medicinal and therapeutic properties and is currently legal in all but six states. Under the bill, kratom manufacturers would be required to register their products with the Colorado Department of Revenue. To obtain registration, manufacturers must pay an annual fee and provide proof of federal certifications, including registration with the Food and Drug Administration.

Revenue from these registration fees would be deposited into a newly established Kratom Consumer Protection Cash Fund, which would support the enforcement of regulations and other administrative needs.

Violations of the proposed regulations would result in escalating civil penalties, starting at $1,000 for a first offense and increasing to as much as $20,000 for repeat violations. Manufacturers with three or more violations would face a three-year prohibition on producing or distributing kratom products in the state.

The bill also outlines strict labeling and marketing standards for kratom products. It prohibits deceptive trade practices, such as failing to provide clear labeling, advertising to underage individuals, or selling products containing unsafe levels of alkaloids like 7-hydroxymitragynine. Retailers would be required to ensure kratom products are not accessible to those under the age of 21.

If enacted, Senate Bill 72 would bring Colorado in line with other states that have established similar consumer protection measures for kratom, addressing concerns about unregulated products and public health risks. The bill now awaits deliberation in the Senate Finance Committee.

Senate Bill 72’s full text can be found here.

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