Colorado looks at guardrails for kratom

Kratom is becoming the new tobacco.

State of play: Colorado is poised to put constraints on the sale of the intoxicating herbal supplement that are similar to those in place for tobacco products, as concerns mount about fatalities and addiction.

• A bill sent to the governor's desk would require kratom packaging to remain behind the counter and prohibit sales to those under age 21. A warning label would need to include dosage and drug interaction concerns, as well as warnings for pregnant women.
• Other provisions include limiting synthetics and the high-potency component 7-OH to 2%.

Yes, but: The rules are the first of their kind for kratom in Colorado, but stop far short of what lawmakers and Gov. Jared Polis' administration initially proposed.

• The original legislation created a regulatory system more like cannabis, with companies that process kratom paying an estimated $300 in fees to cover its costs. It also required state budget dollars to get it started.

Between the lines: The governor and Democratic leadership expressed concern about the startup costs for the new regulations, essentially stalling its progress in the legislative session.

• But in the last week, a Republican lawmaker made a rare "super motion" to send the bill directly to the House without a committee hearing.
• To win passage, lawmakers then eliminated the more restrictive regulations from the bill.

What they're saying: "I still think this is a step in the right direction to: One, get a harmful product out of the market, and two, take some steps toward what I think is the ultimate solution which is licensure," Senate bill sponsor Kyle Mullica (D-Northglenn) told us in an interview.

What we're watching: Now the attention is on Polis.

• He previously promised not to limit access to the drug but supported efforts to develop safety regulations for kratom.
• It's unclear whether he will sign the latest version of the bill.