1. (1)

   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.
   2. (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.
   3. (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.
   4. (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. (2)

   1. (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.
   2. (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. (3) As used in this section, kratom product means any product or ingredient containing:

   1. (a) Any part of the leaf of the Mitragyna speciosa plant if the plant contains the alkaloid mitragynine or 7-hydroxymitragynine; or
   2. (b) A synthetic material that contains the alkaloid mitragynine or 7-hydroxymitragynine.

Source: L. 2022: Entire section added, (SB 22-120), ch. 251, p. 1840, § 3, effective August 10. L. 2025: (3) amended, (SB 25-072), ch. 283, p. 1466, § 3, effective May 29.

Editor's note: Section 4 of chapter 283 (SB 25-072), Session Laws of Colorado 2025, provides that the act changing this section applies to conduct occurring on or after May 29, 2025.

Cross references: (1) For the legislative declaration in SB 22-120, see section 1 of chapter 251, Session Laws of Colorado 2022.

(2) For the short title (Daniel Bregger Act) in SB 25-072, see section 1 of chapter 283, Session Laws of Colorado 2025.