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Is Kratom Legal in Colorado (Know the Facts!)

Hey everybody! My name is Andrew and I am passionate about emerging substances, including kratom and CBD. I have seen them help so many people, including those close to me.


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Jan 28, 2023

Colorado has a reputation for its open-minded attitude toward drugs. After all, this was the first state in the nation to legalize recreational marijuana. But is kratom legal in Colorado?


Yes, but it is complicated. Kratom is legal in Colorado, with the market set for regulation in 2024. However, the law varies depending on where you are in the state. I will get into all that in this post.


Welcome to your comprehensive guide to kratom law in Colorado! Not only do I love kratom, but I am a massive fan of the scenery in the Centennial State. So, if you are ready to learn more about the legality of kratom in Colorado and all the complexities, I’ve got your back.

These statements have not been evaluated by the Food and Drug Administration. The information in our articles are represented solely as the opinions of the respective authors, who do not claim to be medical professionals. We are not medical experts, just kratom enthusiasts.
Understanding Colorado’s Legal Kratom Landscape

Let’s start with the overall state picture. Kratom is not a controlled substance in Colorado, which makes it legal at the state level. Consumers can purchase kratom products from various vendors, although finding high-quality stuff is sometimes difficult.


However, the existing situation is set to change, with regulation coming to kratom products, processors, and retailers from July 1, 2024. This will effectively be Colorado’s version of the Kratom Consumer Protection Act, something more states are getting on board with.


Frustratingly, the city of Denver and the towns of Parker and Monument hold different positions on kratom, in conflict with Colorado state law.

Denver

There are some bizarre goings-on in Denver! Kratom is legal, but not when used for human consumption. Similarly, the sale of kratom is also permitted, provided there are no directions for human use on product labeling.


In reality, this peculiar legislation impacts vendors more than consumers. Anybody buying kratom will have a good idea of what to do with it! 

Parker and Monument

Unfortunately, kratom is illegal in Parker and Monument. These are two home-rule municipalities and self-declared towns between Denver and Colorado Springs. Both have passed ordinances prohibiting the retail sale of kratom.
The Colorado Kratom Consumer Protection Act

The Colorado Kratom Consumer Protection Act

Until now, kratom has existed in an unregulated wild west market in Colorado. However, given the plant’s enduring popularity, lawmakers have concluded that the industry needs to change.


In May 2022, legislators passed Senate Bill 22-120: Regulation of Kratom Processors. The bill was sponsored by Senator Joann Ginal, Senator Don Coram, and Representative Tom Sullivan.


Governor Jared Polis signed SB22-120 on May 26, 2022. The bill required the Colorado Department of Revenue’s executive director to reduce a feasibility report on the regulation of kratom products, processors, and retailers.


From July 1, 2024, the following will be illegal in Colorado:


  • Selling kratom products to a person under 21 years of age

  • Selling kratom products without labeling that consists of a full ingredients list and the manufacturer’s address

  • Knowingly preparing, distributing, advertising, selling, or attempting to sell kratom products adulterated with a controlled substance (including fentanyl)

  • Displaying or storing kratom products in retail locations accessible to a person under 21 years of age

Furthermore, selling, offering to sell, giving, distributing, or dispensing kratom-containing products to individuals under 21 will be a civil infraction - as will failing to request to see a government-issued ID to confirm the buyer’s age. Civil infractions carry a $200 penalty. 

Feasibility Report

On January 4, 2023, the Colorado Department of Revenue published this long-awaited feasibility report. The document contained several recommendations, from product labeling to taxation. Let’s run through a few of them.


  • Manufacturing standards: kratom processors should be required to meet similar standards expected of manufacturers of dietary supplements

  • Testing: the Department recommended minimum testing requirements. This would include checks for alkaloid potency, microbial contaminants, elemental impurities, and pesticides. Kratom processors could use third-party labs certified by the Department.

  • Products: The Department recommended only permitting products where the kratom plant is sold in its natural botanical form.

  • Age Limit: The Department recommended keeping the current statutory restriction that prevents kratom products from being sold to persons aged under 21.

It will be intriguing to see how these kratom regulations work in Colorado. 

Will Kratom Remain Legal in Colorado?

So, how will the kratom industry in Colorado look following this regulation? The state is likely on the path to a kratom dispensary model, similar to what we currently see in the marijuana market.


For that reason, I am confident that kratom will stay legal in Colorado. Legislators would not be making such an effort to create a watertight regulated market if they wanted to ban it. 

Kratom and the Federal Law

Could the federal government spoil the kratom party in Colorado? Possibly, but D.C. has no active plans to make kratom illegal throughout the nation. We know the DEA wanted to ban kratom before, and if scientific evidence emerges, they could try again.


Or, to take a more optimistic point of view, Congress could regulate kratom with a federal KCPA. Perhaps the only likelihood is that things won’t stay the same forever.


Want to learn more about kratom law at the federal level? Click here.

Where to Buy Kratom Products in Colorado?

Where to Buy Kratom Products in Colorado?

Unless you live in Parker or Monument, you probably want to know where to buy kratom in Colorado! For now, you have several options in the Centennial State, with products on sale in various stores, including:


  • Specialist kratom retailers

  • Convenience stores

  • Gas stations

  • Head shops

  • Vape shops

But brick-and-mortar kratom vendors have drawbacks. Manufacturers and retailers face few legal requirements in the current unregulated market. This means not all products are up to the high standards we expect.


Inconsistent alkaloid potencies and product contamination are both problems. While Colorado’s KCPA will address this, the responsibility currently falls on consumers to check they are getting genuine kratom. Ensure your product is third-party lab-tested before you purchase.


Buying from a specialist kratom retailer generally offers more protection than picking up kratom at the gas station. But shopping at an online kratom vendor normally beats all physical shops when it comes to value for money.


However, brick-and-mortar stores still have a place! Indeed, they would not exist if some people did not prefer them. Whether you are a Colorado resident or traveling through, you can legally buy kratom in the state. I have picked out three places where you can get kratom in Colorado. 

Laughing Lion Kratom and CBD
Colorado Kratom Imports
Kratom by Mile High Botanicals
Final Thoughts

Final Thoughts

Kratom sure has a long-winding legal history in Colorado! Hopefully, now the KCPA has passed, the industry can move forward with certainty, and businesses can thrive.


Even so, kratom legality still comes with caveats in Denver, Parker, and Monument. Kratom law can change significantly and fast - so stay switched on for future developments.

Feb 28th 2023 Andrew Summer

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