Colorado's Kratom Law

Rachael Z. Ardanuy, Esq.
2 days ago
4 min read

What Consumers Need to Know — And What Retailers Can't Afford to Ignore

Colorado put real teeth into kratom regulation in 2025, and whether you're a consumer picking up a product at your local smoke shop or a retailer stocking your shelves, the rules have changed dramatically. Attorney General Phil Weiser issued a public advisory on August 13, 2025 explaining the new consumer protections under Senate Bill 25-072 — also known as the Daniel Bregger Act. Here's what it means for both sides of the counter.

A Little Background

Kratom comes from the leaves of a Southeast Asian tree and contains chemical compounds called alkaloids — the two most studied being mitragynine and 7-hydroxymitragynine (7-OH). While 7-OH occurs naturally in small amounts, companies began manufacturing highly concentrated 7-OH products, which prompted Colorado lawmakers to step in. SB 25-072 created new product limits, labeling mandates, and real enforcement consequences.

For Consumers: What the Law Now Protects You From

In Colorado, Kratom is now limited to consumers over the age of 21, just like alcohol or marijuana. Retailers are now prohibited from selling you:

Products with 7-OH levels exceeding 2% of total alkaloids
Kratom in vape or combustible form
Products containing synthetic or semi-synthetic alkaloids
Anything designed to look like candy or appeal to children
Any kratom product if you're under 21

Labels must now tell you who made the product, what's in it, how much mitragynine and 7-OH are in each serving, and carry clear warnings about habit-forming potential and drug interactions.

For Retailers: This Is Not a Drill

Smoke shops, supplement stores, and any retailer selling kratom products in Colorado need to treat SB 25-072 as a compliance priority — not a suggestion. Violations of these requirements are treated as deceptive trade practices under the Colorado Consumer Protection Act, with the Attorney General's office empowered to investigate and enforce.

The AG has made clear that enforcement is active. Repeat violations carry higher penalties and potential suspension of your business in the state. The AG's office is not waiting for consumers to complain — it has the tools to investigate proactively, including compliance checks targeting age verification, and we are receiving phone calls from business owners across the state facing investigations and big fins for non-compliance. Local law enforcement is cracking down and forwarding the violations on to the state Attorney General for further investigation into consumer protection law violations which violations could carry a fine of $20,000 per violation.

Here's your retailer compliance checklist:

Age verification, every time. Kratom is 21+ in Colorado. No exceptions, no shortcuts. Train your staff. Law enforcement is sending local youths into stores every day to test your staff. Stay vigilant.
Audit your product labels. Every product on your shelf must carry the full required disclosures — manufacturer identity, ingredient list, serving size, mitragynine and 7-OH per serving, and all required warnings. Products without compliant labels shouldn't be on your shelves.
Pull non-compliant products. Vape and combustible kratom products, candy-look-alikes, and anything with synthetic alkaloids or 7-OH above 2% are prohibited. If you're carrying them, you're exposed.
Check your display. Products cannot be stored or displayed where anyone under 21 can access them.
Ask for COAs. Request Certificates of Analysis from your distributors to confirm ingredient compliance. This protects you and your customers.
Watch for FDA warning letters. The FDA issued a warning letter on July 15, 2025 related to 7-OH products. Products flagged by the FDA are high-risk inventory.

Local Rules May Be Stricter

The state law sets a floor, not a ceiling. Local govenments can impose more restrictive regulations on the manufacture, sale, or distribution of kratom products. Retailers should check whether their city or county has enacted additional requirements beyond what SB 25-072 requires.

Impending Federal Illegality?

The FDA has not approved kratom of any medical use. The Federal Drug Enforcement Agency (DEA) classifies kratom as a “Drug and Chemical of Concern.” On July 1, 2026, the DEA filed 2 Notices of Intent to temporarily classify 7-OH and related synthetics as a Schedule I drug, making it federally illegal, claiming they have no accepted medical use and.a high potential for abuse. So, depending on the results of the notices, all kratom sales may very well become illegal in the state absent action by Colorado lawmakers to legalize it as they did with magic mushrooms and other natural medicines.

The Bottom Line

For consumers, the Daniel Bregger Act gives you real information and real protections. For retailers, it creates extra steps to protect consumers and potential real liability. The AG's office has made it clear this law is in effect and is being enforced.

If you're a retailer with questions about whether your operations and product inventory are compliant, now is the time to get ahead of it. Legal guidance on regulated product compliance is exactly the kind of thing that's far cheaper to address before a complaint or fine lands on your desk.

This post is for informational purposes only and does not constitute legal advice. RZA Legal represents businesses and licensees in Colorado's regulated industries. Questions about kratom compliance or consumer protection law? Contact us.

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