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Colorado governor Jared Polis signed new legislation last week imposing stricter regulations on the controversial herbal supplement Kratom, concluding a heated lobbying battle between grieving families and industry advocates.
Kratom has been regulated and legal in Colorado for several years. It adopted the Kratom Consumer Protection Act (KCPA) back in 2022. The KCPA is a framework for regulating the herbal substance to protect both vendors and consumers. It was developed by the American Kratom Association as a blueprint for safe and regulated Kratom use across the United States. To date, 17 states have adopted the KCPA. The Daniel Bregger Act builds on the original KCPA, which introduced labeling requirements and minimum age, among other restrictions.
Senate Bill 72, passed with bipartisan support, targets the unregulated market of Kratom by banning its sale in candy form or any packaging that might appeal to children. The law also introduces enhanced labeling standards and caps the concentration of Kratom’s most potent alkaloid, 7-hydroxymitragynine, often abbreviated as 7-OH. Additionally, the law prohibits the manufacture and sale of synthetic and semi-synthetic versions of Kratom, which many argue are more dangerous than the naturally derived plant.
“This is about common-sense consumer protections,” Polis said in a signing statement. “People should be able to make informed decisions, and that means clear, honest labeling and responsible marketing.”
The law is named after Daniel Bregger, a 33-year-old Denver man who died in 2021 after ingesting a combination of Kratom and diphenhydramine, an ingredient commonly found in antihistamines like Benadryl. His family has since become vocal advocates for Kratom regulation.
“So much could’ve prevented Dan’s death - basic consumer protections, clear labeling, dosage instructions and prohibiting these dangerous concentrated products synthesized from kratom,” said David Bregger, Daniel’s father.
“I fight in honor of my son so it will mean something. Today is further vindication.”
Senator Kyle Mullica, a Democrat from Thornton and a lead sponsor of the bill, said the law is 'a step in the right direction', but added that more work is needed.
“We’ve moved the ball forward and kept some of the more harmful products off the shelf,” Mullica said. “But we still have to figure out the ultimate solution here to make sure we are regulating the product the best that we can.”
Kratom, a plant native to Southeast Asia, is popular in the United States for its puported stimulant, sedative and pain-relieving properties. Some users also claim it helps with anxiety, depression and withdrawal symptoms from opioids. However, public health experts remain divided.
Harvard Medical School has cautioned that while some early research shows potential therapeutic benefits; 'considerable uncertainty' remains about the safety of Kratom due to a lack of rigorous, independent studies.
Polis echoed those concerns in his statement.
“There have been instances where a small two-ounce ‘shot’ may contain more than 10 times the amount of 7-OH found in natural Kratom leaves, yet the product lacks ingredient, serving size, or warning information.”
Despite the safety concerns driving the legislation, the law has drawn sharp criticism from within the Kratom community, advocates and industry groups.
Jeff Smith, National Policy Director for the Holistic Alternative Recovery Trust, said while the organization supports responsible regulation, the new act 'creates confusion and loopholes'. He noted that the law may allow manufacturers to circumvent potency limits by altering other components of the product without violating the cap on 7-OH.
“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,” Smith said.
“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.”
The legislation also sparked controversy during the lobbying process. One Kratom supplement company reportedly offered free products to customers who contacted their legislators to urge a veto, while the Bregger family organized public appeals for greater consumer protection.
As Kratom use continues to rise across the country, Colorado’s move could serve as a template for other states grappling with how to regulate the herbal remedy. For now, SB 72 represents a significant step in balancing personal freedom with public health, a balance both sides agree is delicate and evolving.
