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Is Kratom Legal In Colorado?

November 1st, 2023LegalNo Comments »

Is Kratom legal in Colorado? While kratom remains legal at the state level as of October 2023, the Colorado legislature has not enacted any laws prohibiting the possession, use, or purchase of kratom powder and extracts. Therefore, it is generally legal to buy and use kratom products throughout the state.

However, some counties and cities in Colorado have imposed local restrictions or bans on kratom. Most notably, Denver prohibits the sale of kratom for human consumption, while the towns of Monument and Parker have entirely banned kratom locally, making possession, use, and purchase illegal within their jurisdictions. Outside of those areas, kratom remains unregulated at the local level in most of Colorado. Given the rapidly evolving legal status of kratom, it is advisable to check local laws before possessing or purchasing kratom products in any given Colorado county or city.

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A Brief History of Kratom Legality in Colorado

Kratom has occupied a legal gray area for years in Colorado. Long used as an herbal remedy in Southeast Asia, kratom first gained popularity in the U.S. in the early 2000s as an unregulated supplement. Though never specifically prohibited by Colorado law, some local jurisdictions began cracking down on kratom in the late 2010s due to safety concerns.

Most notably, Denver banned sales for human consumption in 2017, while around the same time, the towns of Monument and Parker imposed complete bans locally on kratom possession, use, and purchase. The law requires vendors selling kratom in Denver to post warnings that it should not be consumed.

Currently, kratom remains legal at the state level outside of the local bans. Advocacy and industry groups like the AKA continue lobbying to keep kratom accessible in Colorado, while opponents urge tighter regulations due to links between kratom and overdose deaths. The debate continues as legislators decide how to address kratom’s risks and benefits.

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Colorado Kratom Consumer Protection Act

Senate Bill 22-120, referred to as the Colorado Kratom Consumer Protection Act, was introduced on February 3, 2022. After passing the state Senate and House, the bill was signed into law by the President of the Senate on May 5, 2022.

The key provisions of SB 22-120, taking effect July 1, 2024, include:

  • Requiring the Department of Revenue to analyze kratom regulation and report to the General Assembly.
  • Banning adulterated kratom products and mandating ingredient labeling.
  • Prohibiting sales, distribution, or access to those under 21.
  • Restricting retail displays and storage to prevent underage access.
  • Creating civil fines for providing kratom to minors or failing to verify age.

By establishing consumer protections and age restrictions, the Colorado Kratom Consumer Protection Act aims to regulate licensed access to kratom for adults statewide while allowing local jurisdictions like Parker and Monument to impose additional prohibitions.

Local Bans on Kratom

While kratom is legal at the state level, some Colorado municipalities have enacted local prohibitions:

These municipal bans create a patchwork of varying regulations across different Colorado cities and counties. With state rules still evolving, it is essential to verify local laws before obtaining kratom.

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Tips for Purchasing Kratom in Colorado

  1. Research local laws – Verify kratom is legal in your city/county before obtaining any products, as some areas like Monument and Parker prohibit possession.
  2. Check regulations when traveling – Be mindful that regulations vary when traveling between different cities and counties within Colorado.
  3. Buy from licensed retailers – For safety, purchase kratom from licensed stores and vendors that comply with regulations.
  4. Consider reputable online shops – Vetted online kratom shops can also potentially be a trusted source.
  5. Consult resources like AKA – Use resources from groups like the American Kratom Association to find reputable kratom sellers.
  6. Opt for batch-tested products – Seek out kratom powders and extracts that provide third-party lab test results to ensure quality and safety.
  7. Start slowly with low doses – Assess your personal tolerance by beginning with low kratom doses and increasing slowly.
  8. Follow prudent usage guidelines – Adhere to responsible usage guidelines to minimize health and legal risks when using kratom products.

Future Outlook

The future legal status of kratom remains uncertain in Colorado. With the passage of the Colorado Kratom Consumer Protection Act (KCPA), the state appears to be leaning towards increased regulation and oversight rather than outright prohibition. The KCPA’s provisions taking effect in 2024 will provide some consumer protections and age restrictions for kratom access.

However, the KCPA leaves room for local jurisdictions to impose additional regulations or bans. Given that cities like Denver, Monument, and Parker have already prohibited or regulated kratom locally, more patchwork regulations may emerge across Colorado’s counties and municipalities.

While kratom currently remains legal for adult use statewide, the debate continues between those advocating for access and those urging tighter restrictions or even complete prohibition. With multiple perspectives being considered, Colorado’s kratom laws will likely continue evolving in the coming years. For now, verifying local regulations remains important for anyone seeking to obtain or use kratom products in this legally gray area.

CONTENT DISCLAIMER: The content on this page is strictly for entertainment purposes only. The content below has not been medically reviewed and is not intended to offer advice for use or intended use. For more information about kratom and its potential dangers, please visit the fda.gov site.

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