ColoradoSB25-0722025 Regular SessionSenate

Regulation of Kratom

Sponsored By: Byron Pelton (Republican), Kyle Mullica (Democratic), Mandy Lindsay (Democratic), Matt Soper (Republican)

Signed by Governor

Business & Economic Development

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Bill Overview

Analyzed Economic Effects

5 provisions identified: 1 benefits, 2 costs, 2 mixed.

Unregistered kratom brings fines and bans

Manufacturers face civil fines when their products are made, packaged, labeled, or distributed in Colorado without required registration. Fines reach $1,000 for a first violation and $5,000 for a second. A third or later violation brings a $5,000–$20,000 fine. It also bars the manufacturer from making or distributing kratom in Colorado for three years after the fine is assessed. Fine payments go into the Kratom Consumer Protection Cash Fund.

Kratom buyers get clearer safety labels

Every retail kratom package must clearly identify its processors and addresses and list all ingredients. Labels must advise against use by people under 21 and people who are pregnant or breastfeeding. They must recommend consulting a health-care professional and warn that kratom may be habit-forming or interact with medicines or controlled substances. Labels must include FDA disclaimers and “Keep out of reach of children.” Directions must give the recommended amount per serving, servings per package, and recommended number of servings safe within 24 hours. Labels must also state the amounts of mitragynine and 7-hydroxymitragynine per serving. Violating these labeling rules is a deceptive trade practice.

Kratom makers face registration and fees

Kratom processors in Colorado can make, package, label, or distribute products only when the manufacturer holds an annual, nontransferable state registration. Manufacturers pay a yearly fee set by the Department of Revenue; the law does not set its amount. Applications need a current good-manufacturing certificate from an ANSI-accredited auditor, FDA food-facility registration, a compliant label, and independent lab results. Results must show no synthesized or semi-synthesized alkaloids and no more than 2% 7-hydroxymitragynine in the alkaloid composition. Products can share a registration only when their kratom ingredients and delivery form match. Products must meet federal manufacturing rules dated July 1, 2025, or later state-approved updates. The department can order outside testing for suspected adulteration and suspend or revoke registrations for violations. Manufacturers pay direct testing or enforcement costs when the action results in suspension, revocation, or civil penalties.

Kratom safety protections bring sales limits

The law adds product protections while limiting which kratom products consumers can buy. Sellers cannot knowingly sell kratom to anyone under 21, and stores cannot display or store it within their reach. The law bars adulterated products, including those with fentanyl, and products containing synthesized or semi-synthesized alkaloids. It also bars products above 2% 7-hydroxymitragynine in their alkaloid composition. Candy-like products, child-appealing products—including human, animal, or fruit shapes—and products intended for burning or vaporizing are prohibited. The law treats the prohibited conduct as deceptive trade practices. Local governments can regulate kratom manufacture, sales, transfers, possession, and use, but their rules must be at least as strict as state rules.

Colorado funds kratom oversight with borrowing

The law creates the Kratom Consumer Protection Cash Fund for state administration and enforcement. It receives registration fees, fines, gifts, grants, donations, transfers, and appropriations, and keeps its investment earnings. Spending requires annual legislative approval. The law directs a $306,344 startup loan from the Tobacco Litigation Settlement Cash Fund on July 1, 2025, or as soon as possible afterward. Interest starts on the transfer date at the latest 10-year U.S. Treasury note rate reported in The Wall Street Journal. The Department of Revenue must repay principal and interest by June 30, 2027. For fiscal year 2025–26, the law provides $280,606: $103,108 for staff, $33,059 for operations, and $144,439 for legal services. The legal-services amount moves to the Department of Law within that total; staffing assumes 1.3 additional full-time-equivalent positions at Revenue and 0.6 at Law. Settlement-distribution calculations for 2025–26 subtract the $306,344 transfer; that adjustment expires July 1, 2026. The startup-loan subsection expires July 1, 2028.

Sponsors & Cosponsors

Sponsors

  • Byron Pelton

    Republican • Senate

  • Kyle Mullica

    Democratic • Senate

  • Mandy Lindsay

    Democratic • House

  • Matt Soper

    Republican • House

Cosponsors

  • Andrew Boesenecker

    Democratic • House

  • Eliza Hamrick

    Democratic • House

  • Jacque Phillips

    Democratic • House

  • Rep. S. Bird

    Affiliation unavailable

  • Cathy Kipp

    Democratic • Senate

  • Dafna Michaelson Jenet

    Democratic • Senate

  • Dylan Roberts

    Democratic • Senate

  • Judy Amabile

    Democratic • Senate

  • Jeff Bridges

    Democratic • Senate

Roll Call Votes

All Roll Calls

Yes: 166 • No: 42

Senate vote • 5/7/2025

House amendments: Concur

Yes: 32 • No: 3

House vote • 5/7/2025

Third reading: Bill

Yes: 47 • No: 18

Senate vote • 5/7/2025

House amendments: Repass

Yes: 27 • No: 8

House vote • 5/6/2025

Refer Senate Bill 25-072 to the Committee of the Whole pursuant to House Rule 25 (j)(1)(G).

Yes: 6 • No: 4

House vote • 4/29/2025

Refer Senate Bill 25-072, as amended, to the Committee on Appropriations.

Yes: 8 • No: 5

Senate vote • 4/28/2025

Third reading: Bill

Yes: 30 • No: 4

Senate vote • 4/25/2025

Refer Senate Bill 25-072, as amended, to the Committee of the Whole.

Yes: 7 • No: 0

Senate vote • 2/4/2025

Refer Senate Bill 25-072, as amended, to the Committee on Appropriations.

Yes: 9 • No: 0

Actions Timeline

  1. Governor Signed

    5/29/2025House
  2. Signed by the President of the Senate

    5/15/2025Senate
  3. Signed by the Speaker of the House

    5/15/2025House
  4. Sent to the Governor

    5/15/2025House
  5. House Third Reading Passed - No Amendments

    5/7/2025House
  6. Senate Considered House Amendments - Result was to Concur - Repass

    5/7/2025Senate
  7. House Committee on Appropriations Refer Unamended to House Committee of the Whole

    5/6/2025House
  8. House Second Reading Special Order - Passed with Amendments - Committee, Floor

    5/6/2025House
  9. House Committee on Finance Refer Amended to Appropriations

    4/29/2025House
  10. Senate Third Reading Passed - No Amendments

    4/28/2025Senate
  11. Introduced In House - Assigned to Finance

    4/28/2025House
  12. Senate Committee on Appropriations Refer Amended to Senate Committee of the Whole

    4/25/2025Senate
  13. Senate Second Reading Special Order - Passed with Amendments - Committee

    4/25/2025Senate
  14. Senate Committee on Finance Refer Amended to Appropriations

    2/4/2025Senate
  15. Introduced In Senate - Assigned to Finance

    1/22/2025Senate

Bill Text

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