4 days ago
Colorado can still lead on harm reduction. First we need to fix this new law.
A laptop displays the website of an online kratom retailer. (Alexander Castro/Rhode Island Current)
Imagine you're a veteran in Wheat Ridge, or a single mom in Lamar living with chronic pain. You've finally found something that works: a legal, plant-based supplement that helps you stay off opioids. But then, just as things start to stabilize, the state passes a law that could complicate how you access it.
That's what just happened to thousands of Coloradans. On Thursday, Gov. Jared Polis signed Senate Bill 25-72 into law. We appreciate his commitment to public safety and consumer protection. But this law makes things more confusing, not safer. For the people who rely on kratom-derived products to manage pain or recover from addiction, it's a major step backward.
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I've worked in public policy for over 20 years, and I represent the Holistic Alternative Recovery Trust (HART), a nonprofit advocating for science-based kratom regulation (to be clear, we don't sell or profit from these products). We've been trying to get rules in place that protect consumers and reflect real-world use for years. This bill doesn't get us closer to that goal.
Kratom is a plant-based supplement long used in Southeast Asia and now increasingly used here in Colorado. One of its natural compounds, 7-hydroxymitragynine, or 7-OH, is found in products that patients say have helped them avoid returning to painkillers or heroin. Especially in rural and low-income areas, where access to traditional treatment can be limited, these products can mean the difference between stability and relapse.
In 2022, Colorado's own state feasibility study laid out a clear, science-backed path for regulating these products. It advocated setting dosage limits, requiring testing and labeling, and establishing strong oversight. But SB-72 doesn't follow that roadmap. It was rushed through in the final days of the legislative session and now leaves Colorado with a fragmented and unclear system. Safe products could be sidelined while dangerous ones remain on shelves.
Consider the facts:
Claim: The bill bans unsafe high-potency products. Reality: It doesn't. The most dangerous products — high-mitragynine shots and kratom/kava blends — are still on shelves. Meanwhile, safer products made by responsible companies are pushed out.
Claim: It regulates 7-OH. Reality: The law sets a 2% cap on 7-OH but excludes anything above that threshold from regulation altogether. That leaves patients, businesses, and law enforcement in regulatory limbo.
Claim: It adds safety and labeling rules. Reality: The bill makes only minor changes for kratom and none for 7-OH, even though that's often the compound patients rely on most.
There's also been public discussion tying this bill to the tragic death of Daniel Bregger. We deeply respect his family and their advocacy. But the facts matter: At the time, 7-OH products were not commercially available. Using that tragedy to justify this law distracts from the real dangers SB-72 fails to address.
The law now excludes many 7-OH products from the definition of a 'kratom product,' but offers no clarity on how they should be regulated. 7-OH remains legal in Colorado, but SB-72 creates confusion instead of guidance. That helps bad actors more than consumers. Retailers don't know what they can sell, patients don't know what they can trust, and law enforcement doesn't know what to enforce.
We want regulation. In fact, the brands we work with already follow many of the rules this bill should have required, such as limiting dosage based on science, testing products, and labeling ingredients. These are basic protections. But SB-72 doesn't ensure they're followed by everyone. It's a major missed opportunity.
Colorado has built a national reputation for bold, evidence-based leadership on cannabis, psychedelics, and public health. SB-72 doesn't live up to that legacy.
But it's not too late.
Let's come back to the table, this time with patients in the room. We can still build a framework that's clear, fair and focused on safety. Colorado can still lead. We just have to choose to.
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