The proposed legislation builds on Colorado’s 2022 Kratom Consumer Protection Act (KCPA), which established foundational safeguards such as banning adulterated kratom products, restricting sales to individuals under 21, and mandating ingredient transparency. However, as Senator Mullica noted during the bill’s presentation to the Senate Finance Committee, gaps in regulation persist, particularly concerning synthetic or chemically altered kratom products. These products often pose heightened risks to public health due to their concentrated levels of active alkaloids or contamination with harmful substances.
Key Provisions of Senate Bill 25-072
Under SB 25-072, all kratom manufacturers operating in Colorado would be required to register their products annually with the state’s Department of Revenue. The registration process would include safety testing and certification to ensure compliance with new standards. The proposed law also introduces:
- A cap on the intoxicating component 7-hydroxymitragynine at 2% of the total alkaloid content in kratom products.
- Mandatory labeling that includes dosage recommendations and potential side effects.
- A prohibition on synthetic or semi-synthetic kratom alkaloids.
Violators could face civil penalties ranging from $1,000 for a first offense to $20,000 for repeated violations. In severe cases, manufacturers may lose their ability to operate in the state for up to three years.
These measures aim to address concerns raised by public health officials and emergency room professionals like Senator Mullica, who has witnessed firsthand the adverse effects of unregulated kratom use, including seizures and hallucinations.
Balancing Consumer Access and Safety
While SB 25-072 focuses on enhancing consumer safety, it stops short of banning kratom outright—a move that would likely face opposition from advocates who emphasize its potential benefits. Kratom is widely used for pain relief, mood enhancement, and as an alternative to opioids for managing withdrawal symptoms. However, its safety profile remains contentious. The FDA has not approved kratom for any medical use and has flagged concerns about contamination in commercial products as well as its potential for addiction and adverse health effects (FDA).
Senator Pelton underscored the bill’s intent to regulate rather than prohibit natural kratom products. “We’re not trying to ban something,” he stated during committee discussions. “We really want to focus on natural kratom and not synthetic kratom because natural kratom is not as harmful.”
This balanced approach reflects a broader trend in state-level regulation across the U.S., where lawmakers are increasingly adopting measures under frameworks like the Kratom Consumer Protection Act (KCPA). As of February 2025, 13 states have enacted KCPA laws that mandate responsible manufacturing practices and restrict access to minors while preserving consumer rights to use natural kratom products responsibly (American Kratom Association).
The National Context: A Patchwork of Regulations
Colorado’s efforts come amid ongoing debates over how best to regulate kratom at both state and federal levels. While kratom remains legal in most U.S. states, it is banned outright in six states—including Alabama and Indiana—and subject to local restrictions in others (National Institute on Drug Abuse). The lack of federal oversight has led to a patchwork of regulations that vary widely in scope and enforcement.
The FDA has consistently warned against the use of kratom due to its potential risks, including liver toxicity and substance use disorder (FDA). However, advocates argue that these risks are often associated with adulterated or improperly labeled products rather than pure kratom itself. They call for federal regulations that would standardize safety protocols without criminalizing consumers or businesses operating within legal guidelines (American Kratom Association).
Challenges Ahead
Despite unanimous approval from the Senate Finance Committee, SB 25-072 faces potential challenges as it moves through the legislative process. Critics argue that the bill could impose financial burdens on small businesses in the kratom industry while limiting consumer access to affordable products. Others question whether state-level regulations can effectively address issues like product contamination without federal coordination.
Moreover, scientific research on kratom’s safety and efficacy remains limited, complicating efforts to craft evidence-based policies. While some studies suggest that low-to-moderate doses of natural kratom may have therapeutic benefits, high doses or adulterated products can lead to serious health complications (Harvard Health). Additional research is needed to clarify these risks and inform regulatory decisions at all levels of government.
Looking Ahead
If passed into law, SB 25-072 could serve as a model for other states grappling with how best to regulate kratom without resorting to outright bans. By prioritizing consumer safety while preserving access to natural products, Colorado lawmakers aim to strike a delicate balance in an increasingly polarized debate over this controversial substance.
As public awareness grows about both the potential benefits and risks of kratom, stakeholders—including policymakers, healthcare professionals, industry leaders, and consumers—will need to work collaboratively to ensure that regulations are both effective and equitable. For now, Colorado’s efforts represent a step forward in addressing the complexities of this emerging public health issue while setting a precedent for responsible governance in an unregulated market (Denver7).