(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).
L. 2022: Entire section added, (SB 22-120), ch. 251, p. 1840, § 3, effective August 10.
For the legislative declaration in SB 22-120, see section 1 of chapter 251, Session Laws of Colorado 2022.
