Gov. Jared Polis signed into law new regulations for the herbal remedy kratom on Thursday, giving resolution to a public lobbying campaign that included the family of someone who died from kratom-related complications and an herbal supplement company that offered free product to people who called their lawmakers to urge a veto.
Senate Bill 72 bars kratom from being sold as candy or in a way that appeals to children, increases labeling requirements and limits the concentration of kratom’s more potent active compound, 7-hydroxymitragynine, commonly marketed as 7-OH. It also bans the manufacture and distribution of synthetic and semi-synthetic kratom.
Kratom is a traditional herbal remedy from Southeast Asia that proponents say has potential for a variety of uses, including as a stimulant or pain reliever, or as treatment for depression, anxiety and opioid withdrawal.
The Harvard Medical School, however, warns of “considerable uncertainty of (kratom’s) health risks,” and that a lack of independent research into the plant means there’s not enough information for any definitive conclusions.
In a signing statement, Polis wrote that he supports people making their own choices — but emphasized the need for people to be able to make informed choices with “common sense labeling requirements.”
“There have been instances where a small two-ounce ‘shot’ may contain more than 10 times the (active ingredient) 7-Hydroxymitragynine than what occurs naturally, yet the product lacks ingredient, serving size or warning information,” Polis wrote.
He also thanked the family of Daniel Bregger, a 33-year-old Denver resident who died in 2021 after ingesting kratom and diphenhydramine, a common ingredient in Benadryl and sleep aids, for fighting to “hopefully prevent future tragedies.” The law is named after Bregger.
“So much could’ve prevented Dan’s death, basic consumer protections, clear labeling, dosage instructions and prohibiting these dangerous concentrated products synthesized from kratom,” Daniel Bregger’s father, David, said in a statement. “I fight in honor of my son so it will mean something. Today is further vindication. I thank the lawmakers and advocates who fought alongside me to get this bill passed.”
Sen. Kyle Mullica, a Thornton Democrat and sponsor of the bipartisan bill, said the state “moved the ball forward and kept some of the more harmful products off the shelf” with the new law. But he hopes to continue working on the issue in future years.
“It’s definitely a step in the right direction,” Mullica said. He added, “but we still have to figure out the ultimate solution here to make sure we are regulating the product the best that we can.”
The new law faced pushback from the industry.
Members of the Holistic Alternative Recovery Trust, an advocacy group for plant-based treatments, including kratom, said they welcomed regulation for the increasingly popular product, but the new law creates confusion and loopholes for people trying to skirt the rules.
The concentration limit, for example, leaves open manufacturers increasing other ingredients without touching the overall potency, they argued.
“For thousands of Coloradans living with chronic pain or recovering from opioid use, kratom-derived products aren’t fringe supplements, they’re an essential part of their recovery,” Jeff Smith, national policy director for the group, said in a statement. “But SB 72 puts that at risk. This law doesn’t protect those who rely on these products. It makes things more confusing, more uncertain and easier to exploit by bad actors.”
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