SENATE
BILL
22-120
BY
SENATOR(S)
Ginal
and
Coram,
Buckner,
Gonzales,
Lee,
Priola,
Winter;
also
REPRESENTATIVE(S)
Sullivan,
Hooton,
Lindsay,
Ricks,
Woodrow,
Garnett,
Esgar,
Kennedy.
CONCERNING
THE
REGULATION
OF
KRATOM
PROCESSORS.
Be
it
enacted
by
the
General
Assembly
of
the
State
of
Colorado:
SECTION
1.
Legislative
declaration.
The
general
assembly
finds
and
declares
that
the
prohibitions
set
forth
in
sections
44-1-105
(3)
and
18-13-132
are
not
intended
to
limit
the
feasibility
report
conducted
pursuant
to
section
44-1-105
(2).
SECTION
2.
In
Colorado
Revised
Statutes,
add
44-1-105
as
follows:
44-1-105.
Feasibility
report
-
regulation
of
kratom
-
prohibited
acts
-
definition
-
rules
-
repeal.
(1)
AS
USED
IN
THIS
SECTION,
UNLESS
THE
CONTEXT
OTHERWISE
REQUIRES,
"KRATOM
PRODUCT"
MEANS
ANY
PRODUCT
OR
INGREDIENT
CONTAINING:
Capital
letters
or
bold
&
italic
numbers
indicate
new
material
added
to
existing
law;
dashes
through
words
or
numbers
indicate
deletions
from
existing
law
and
such
material
is
not
part
of
the
act.
(a)
ANY
PART
OF
THE
LEAF
OF
THE
MITRAGYNA
SPECIOSA
PLANT
IF
THE
PLANT
CONTAINS
THE
ALKALOID
MITRAGYNINE
OR
7-HYDROXYMITRAGYNINE;
OR
(b)
A
SYNTHETIC
MATERIAL
THAT
CONTAINS
THE
ALKALOID
MITRAGYNINE
OR
7-HYDROXYMITRAGYNINE.
(2)
(a)
ON
OR
BEFORE
JANUARY
4,
2023,
THE
EXECUTIVE
DIRECTOR
SHALL
SUBMIT
TO
THE
GENERAL
ASSEMBLY
A
REPORT
ANALYZING
THE
FEASIBILITY
OF
REGULATING
KRATOM
PRODUCTS,
KRATOM
PROCESSORS,
AND
KRATOM
RETAILERS.
THE
REPORT
MUST
IDENTIFY,
CONSIDER,
AND
RECOMMEND
LEGISLATIVE
ACTION
ADDRESSING
THE
FOLLOWING
SUBJECTS:
(I)
THE
APPROPRIATE
STATE
AGENCY
OR
AGENCIES
TO
REGULATE
THE
MANUFACTURE,
SALE,
OFFERING
FOR
SALE,
POSSESSION,
OR
USE
OF
KRATOM
PRODUCTS;
(II)
APPROPRIATE
DEFINITIONS
OF
TERMS
INCLUDING
"PROCESSING",
"SELLING",
"ADVERTISING",
"KRATOM",
AND
"KRATOM
PRODUCTS";
(III)
APPROPRIATE
AGE
RESTRICTIONS
FOR
KRATOM
PURCHASING
AND
CONSUMPTION;
(IV)
FEASIBILITY
AND
ENFORCEMENT
OF
UNDERAGE
COMPLIANCE
CHECKS;
(V)
A
TESTING
PROGRAM
FOR
IDENTIFYING
KRATOM
PRODUCTS;
(VI)
AN
EVALUATION
OF
THE
COMPETENCIES
AND
CAPABILITIES
OF
EXISTING
PRIVATE
THIRD
-PARTY
LABORATORIES
TO
MANAGE
KRATOM
TESTING;
(VII)
THE
APPROPRIATE
STANDARDS
FOR
LABORATORY
ACCREDITATION
AND
PERFORMANCE;
(VIII)
TESTING
REQUIREMENTS
FOR
IDENTIFYING
KRATOM
THAT
IS
OFFERED
FOR
SALE
TO
A
COLORADO
CONSUMER;
(IX)
CONSIDERATION
OF
TYPES
OF
KRATOM
PRODUCTS
THAT
ARE
AVAILABLE
AS
FOOD,
INCLUDING
TEA
POWDERS,
GUMMIES,
BEVERAGES,
PAGE
2
-SENATE
BILL
22-120
PILLS,
CAPSULES,
AND
EXTRACTS;
(X)
THE
TYPES
OF
KRATOM
PRODUCTS
THAT
SHOULD
NOT
BE
PERMITTED
TO
BE
SOLD
OR
OFFERED
FOR
SALE;
(XI)
SERVING
SIZES
AND
RELATED
RESTRICTIONS;
(XII)
LABELING
REQUIREMENTS
INCLUDING
A
PROHIBITION
ON
UNPROVEN
HEALTH
OR
MEDICAL
BENEFIT
CLAIMS;
(XIII)
MANUFACTURING
PROCESSES
AND
REQUIREMENTS
FOR
PROCESSORS;
(XIV)
CURRENT
GOOD
MANUFACTURING
PROCESS
REQUIREMENTS
UNDER
REGULATIONS
PROMULGATED
BY
THE
FEDERAL
DRUG
ADMINISTRATION
FOR
ANY
VENDOR
PROCESSING
KRATOM;
(XV)
ADVERSE
HEALTH
-EVENT
REPORTING
REQUIREMENTS
AND
PRODUCT
RECALLS;
(XVI)
ADVERTISING
REQUIREMENTS,
LIMITATIONS,
AND
PROHIBITIONS;
(XVII)
TAX
AND
FEE
CONSIDERATIONS;
(XVIII)
RECORDKEEPING;
(XIX)
TRACEABILITY;
(XX)
CRIMINAL
AND
ADMINISTRATIVE
PENALTIES
FOR
VIOLATIONS;
(XXI)
RECOMMENDATIONS
REGARDING
AN
OPERABLE
TIMELINE
FOR
IMPLEMENTATION
OF
A
REGULATORY
FRAMEWORK
FOR
KRATOM;
(XXII)
FISCAL
IMPACTS
AND
RESOURCE
REQUIREMENTS
FOR
IMPLEMENTATION
AND
ONGOING
ADMINISTRATION
OF
A
REGULATORY
PROGRAM
FOR
KRATOM;
AND
(XXIII)
ALTERNATIVES,
INCLUDING
CONSUMER
PROTECTION
REQUIREMENTS
SUCH
AS
LIABILITY
INSURANCE
REQUIREMENTS,
PAGE
3
-SENATE
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22-120
PROHIBITIONS,
AND
CRIMINAL
PENALTIES,
TO
STATE
REGULATION
OF
KRATOM.
(b)
THE
DEPARTMENT
SHALL
ENGAGE
RELEVANT
STAKEHOLDERS,
INCLUDING
KRATOM
PROCESSORS,
KRATOM
CONSUMERS,
KRATOM
RETAILERS,
PUBLIC
HEALTH
OFFICIALS,
LEGISLATIVE
MEMBERS,
RELEVANT
STATE
AGENCIES
WITH
EXPERTISE
IN
SIMILAR
REGULATORY
FIELDS,
LOCAL
GOVERNMENTS,
AND
OTHER
INTERESTED
STAKEHOLDERS,
IN
ORDER
TO
INFORM
THE
FEASIBILITY
REPORT
DESCRIBED
IN
SUBSECTION
(2)(a)
OF
THIS
SECTION.
(c)
THIS
SUBSECTION
(2)
IS
REPEALED,
EFFECTIVE
JULY
1,
2023.
(3)
EFFECTIVE
JULY
1,
2024,
A
PERSON
SHALL
NOT:
(a)
KNOWINGLY
PREPARE,
DISTRIBUTE,
ADVERTISE,
SELL,
OR
OFFER
TO
SELL
A
KRATOM
PRODUCT
THAT
IS
ADULTERATED
WITH
FENTANYL
OR
ANY
OTHER
CONTROLLED
SUBSTANCE
LISTED
IN
PART
2
OF
ARTICLE
18
OF
TITLE
18;
(b)
SELL
A
KRATOM
PRODUCT
THAT
DOES
NOT
HAVE
A
LABEL
THAT
CLEARLY
SETS
FORTH:
(I)
THE
IDENTITY
AND
ADDRESS
OF
THE
MANUFACTURER;
AND
(II)
THE
FULL
LIST
OF
INGREDIENTS
IN
THE
KRATOM
PRODUCT;
(c)
KNOWINGLY
PREPARE,
DISTRIBUTE,
ADVERTISE,
SELL,
OR
OFFER
TO
SELL
A
KRATOM
PRODUCT
TO
A
PERSON
UNDER
TWENTY-ONE
YEARS
OF
AGE;
OR
(d)
DISPLAY
OR
STORE
KRATOM
PRODUCTS
IN
A
RETAIL
LOCATION
IN
A
MANNER
THAT
WILL
ALLOW
THE
PRODUCTS
TO
BE
ACCESSED
BY
INDIVIDUALS
UNDER
TWENTY-ONE
YEARS
OF
AGE.
(4)
THE
EXECUTIVE
DIRECTOR
MAY
PROMULGATE
RULES
THAT
ARE
NECESSARY
FOR
THE
ENFORCEMENT
OF
SUBSECTION
(3)
OF
THIS
SECTION.
SECTION
3.
In
Colorado
Revised
Statutes,
add
18-13-132
as
follows:
PAGE
4
-SENATE
BILL
22-120
18-13-132.
Furnishing
kratom
products
to
persons
under
twenty-one
years
of
age.
(1)
(a)
A
PERSON
SHALL
NOT
GIVE,
SELL,
DISTRIBUTE,
DISPENSE,
OR
OFFER
FOR
SALE
A
KRATOM
PRODUCT
TO
ANY
PERSON
WHO
IS
UNDER
TWENTY-ONE
YEARS
OF
AGE.
(b)
BEFORE
GIVING,
SELLING,
DISTRIBUTING,
DISPENSING,
OR
OFFERING
TO
SELL
TO
AN
INDIVIDUAL
ANY
KRATOM
PRODUCT,
A
PERSON
SHALL
REQUEST
FROM
THE
INDIVIDUAL
AND
EXAMINE
A
GOVERNMENT
-ISSUED
PHOTOGRAPHIC
IDENTIFICATION
THAT
ESTABLISHES
THAT
THE
INDIVIDUAL
IS
TWENTY-ONE
YEARS
OF
AGE
OR
OLDER.
(c)
A
PERSON
WHO
VIOLATES
SUBSECTION
(1)(a)
OR
(1)(b)
OF
THIS
SECTION
COMMITS
A
CIVIL
INFRACTION
AND,
UPON
CONVICTION
THEREOF,
SHALL
BE
PUNISHED
BY
A
FINE
OF
TWO
HUNDRED
DOLLARS,
NOTWITHSTANDING
THE
PROVISIONS
OF
SECTION
18-1.3-503.
(d)
IT
IS
AN
AFFIRMATIVE
DEFENSE TO
A
PROSECUTION
UNDER
SUBSECTION
(1)(a)
OF
THIS
SECTION
THAT
THE
PERSON
FURNISHING
THE
KRATOM
PRODUCT
WAS
PRESENTED
WITH
AND
REASONABLY
RELIED
UPON
A
GOVERNMENT
-ISSUED
PHOTOGRAPHIC
IDENTIFICATION
THAT
IDENTIFIED
THE
INDIVIDUAL
RECEIVING
THE
KRATOM
PRODUCT
AS
BEING
TWENTY-ONE
YEARS
OF
AGE
OR
OLDER.
(2)
(a)
NOTHING
IN
THIS
SECTION
PROHIBITS
A
STATUTORY
OR
HOME
RULE
MUNICIPALITY,
COUNTY,
OR
CITY
AND
COUNTY
FROM
ENACTING
AN
ORDINANCE
OR
RESOLUTION
THAT
PROHIBITS
THE
SALE
OF
ANY
KRATOM
PRODUCTS
TO
PERSONS
UNDER
TWENTY-ONE
YEARS
OF
AGE
OR
IMPOSES
REQUIREMENTS
MORE
STRINGENT
THAN
PROVIDED
IN
THIS
SECTION.
(b)
A
STATUTORY
OR
HOME
RULE
MUNICIPALITY,
COUNTY,
OR
CITY
AND
COUNTY
SHALL
NOT
ENACT
AN
ORDINANCE
OR
RESOLUTION
THAT
ESTABLISHES
A
MINIMUM
AGE
TO
PURCHASE
KRATOM
PRODUCTS
THAT
IS
UNDER
TWENTY-ONE
YEARS
OF
AGE.
(3)
AS
USED
IN
THIS
SECTION,
"KRATOM
PRODUCT"
HAS
THE
MEANING
SET
FORTH
IN
SECTION
44-1-105
(1).
SECTION
4.
Act
subject
to
petition
-
effective
date.
This
act
takes
effect
at
12:01
a.m.
on
the
day
following
the
expiration
of
the
ninety
-day
period
after
final
adjournment
of
the
general
assembly;
except
PAGE
5
-SENATE
BILL
22-120
that,
if
a
referendum
petition
is
filed
pursuant
to
section
1
(3)
of
article
V
of
the
state
constitution
against
this
act
or
an
item,
section,
or
part
of
this
act
within
such
period,
then
the
act,
item,
section,
or
part
will
not
take
effect
unless
approved
by
the
people
at
the
general
election
to
be
held
in
November
2022
and,
in
such
case,
will
take
effect
on
the
date
of
the
official
declaration
of
the
vote
thereon
by
the
governor.
Steve
e
g
PRESIDENT
OF
THE
SENATE
Cindi
L.
Markwell
SECRETARY
OF
THE
SENATE
APPROVED
Alec
Garnett
SPEAKER
OF
THE
HOUSE
OF
REPRESENTATIVES
Robin
Jones
CHIEF
CLERK
OF
THE
HOUSE
OF
REPRESENTATIVES
2(p
10Z2
cUo
[2
--PM
(Date
and
Time)
Jared
GOVE
lis
0
PAGE
6
-SENATE
BILL
22-120
OF
THE
ST
N
E
OF
COLORADO
