Bill
SB 25-072
SB 25-072 makes kratom sales to anyone under 21, adulterated or mislabelled products, or candy-like marketing a deceptive trade practice; penalties up to $20,000 per violation.
Status & key dates
- Introduced: January 22, 2025 (Senate)
- Governor signed: May 29, 2025
- Effective date: May 29, 2025 (applies to conduct on or after that date)
- Final fiscal note published: August 5, 2025
Purpose
- To regulate commercial kratom products (products containing Mitragyna speciosa leaf or extract) by creating new consumer-protection rules and making certain sales and product characteristics unlawful deceptive trade practices.
Key provisions (as enacted)
- The bill makes it a deceptive trade practice to sell a kratom product (including natural and synthetic kratom products) that:
- Is sold or otherwise furnished to a person under 21, or is displayed/stored so it is readily accessible to persons under 21;
- Is adulterated (e.g., contains fentanyl, another controlled substance, or synthesized/semi‑synthesized kratom alkaloids);
- Fails to meet certain composition/alkaloid standards (the bill references limits and required testing in earlier drafts);
- Mimics candy or is marketed in a manner intended to appeal to children;
- Is combustible (intended to be burned or inhaled); or
- Fails to meet specified labeling requirements (clear, conspicuous product information).
- The statute treats these sales/offerings as deceptive trade practices enforceable under the Colorado Consumer Protection Act.
Enforcement & penalties
- Violations may be pursued by the Attorney General or district attorneys under Colorado’s consumer‑protection enforcement tools.
- Civil penalties under the Colorado Consumer Protection Act can be up to $20,000 per violation (additional penalties possible for subsequent violations or breaches of court orders). The final fiscal note does not estimate revenue from such penalties.
- The final enacted version did not include a state registration program or initial appropriation (see Legislative history below).
Fiscal and administrative impact (final enacted version)
- Final fiscal note (Legislative Council Staff, Aug 5, 2025) reports minimal ongoing workload effects for the Department of Law, Judicial Department, and local district attorneys.
- State revenue and expenditures are reported as $0 net impact in the final fiscal note; no appropriation was required for the enacted version.
- The final note indicates possible, but unquantified, increases in civil penalties and court filing fee revenue if enforcement actions occur.
Who is affected
- Kratom product manufacturers, packagers, labelers, distributors, and retailers (including those selling online).
- Consumers, particularly those under 21 (protections strengthened).
- State (Attorney General, Department of Law) and local prosecutors (potential enforcement responsibilities).
- Local governments retain authority to enact more restrictive local regulations (was included in prior drafts and legislative reports).
Legislative history / important context
- Earlier versions of SB 25-072 (committee/reengrossed drafts) would have created a Department of Revenue registration program, set registration fees, and included a short-term loan from the Tobacco Litigation Settlement Cash Fund to start the program. Those provisions and associated appropriations appear to have been removed or substantially changed before final enactment; the final fiscal note reflects only the deceptive trade practice regulatory approach with no appropriation required.
- Sponsors: Senators Kyle Mullica and Byron Pelton; Representatives Mandy Lindsay and Matt Soper (among others).
For more detail
- Final fiscal note: Legislative Council Staff, SB 25‑072 (Aug 5, 2025).
- Legislative history and bill text available through the Colorado General Assembly website.
Compiled from official sources — confirm details with the bill’s official record.
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