365bet¹Ù·½ÍøÕ¾

Watch CBS News

Kratom is the subject of a new Colorado law also known as the Daniel Bregger Act, more regulations now being placed on the substance

New law regulates kratom in Colorado
New law regulates kratom in Colorado 02:40

This week, Gov. Jared Polis signed a bill into law placing more regulations on kratom. It's called the "Daniel Bregger Act."

daniel-bregger.jpg
Daniel Bregger  Bregger Family

Many may have seen signs for the substance outside convenience stores or vape shops but may not be aware of what it is.

What is kratom?

Kratom is an herbal supplement said to treat pain, anxiety and opioid withdrawal. While some say it is a lifesaver, others point out the risks.

The leaf can produce stimulant effects in low doses and sedative effects in high doses. It's not a federally controlled substance, but now it will be subject to regulation in Colorado.

Daniel Bregger's father had never heard of kratom

"I miss him every moment of every day, and I'm doing this in his memory," said David Bregger.

A new law in Colorado bears the name of Bregger's son, Daniel.

"My son died of an extract that if this bill had been in place at the time, would not even be available," Bregger said.

In 2021, Dan was 33, living in downtown Denver with his brother, working a corporate job and spending his weekends enjoying Colorado's outdoors.

"He loved the bike paths. He biked everywhere. Just loved the town," Bregger said.

But one day, he was found dead in his room.

Dan's autopsy showed he died from the combined toxic effects of kratom and diphenhydramine, the active ingredient in Benadryl.

"I'd never even heard of kratom before," Bregger said.

Dan's family says he was never an addict. They believe Dan had purchased kratom online as a holistic anxiety treatment.

"He had purchased two small bottles," Bregger said. "But there were no labeling instructions whatsoever on them, nor on their website.

"And so it was a lethal dose in one of those."

After his son's death, Bregger wanted to ban kratom, but realized regulation may save more lives.

"I think ultimately, if it ended up on the black market, it would be worse than it would if it were regulated," Bregger said.

Kratom user and advocate favors regulations

"I advocate for regulations. I 100% advocate for it because we need guardrails in place," said Thornton resident Misty Brown.

Kratom user and advocate Brown also believes in regulation.

interview.jpg
CBS Colorado's Olivia Young interviews Misty Brown. CBS

"I was trapped in active addiction for 11 years straight via chronic pain management," Brown said. "I was addicted to FDA-approved pain pills, benzos and muscle relaxers."

Eventually, Brown says she turned to the streets and began using cocaine. But one day, she tried kratom, and it changed her life.

"When I took it, I didn't notice anything. It wasn't until I went to bed that night and I was thinking about everything I did during that day. I cooked dinner, I listened to music, I cleaned my house, I did laundry, all without being high, without having that high feeling in your head. And so I was like, hmm, maybe there is something to this," Brown said.

Misty Brown says kratom saved her from addiction and helps manage her chronic pain.

"I know kratom will save somebody like me," Brown said.

Today, she advocates for safe kratom use, and against bans.

"What's up y'all? I just want to remind you to sign up for the Louisiana kratom rally that's happening at June third at 2 p.m.," Brown said to a TikTok audience.

The Colorado bill, , was opposed by the American Kratom Association and the Holistic Alternative Recovery Trust, but supported by the Global Kratom Coalition.

Brown initially testified against the Daniel Bregger Act, concerned over registration fees she felt would impact small businesses. But the regulatory structure and penalties initially proposed in the bill were removed through amendments before it reached the governor's desk.

"We had this hearty, chunky soup that we started out with, and now it's a thin broth, but it is a step in the right direction," Bregger said.

Colorado's new law includes numerous bans

On Thursday, Gov. Polis signed the Daniel Bregger Act into law. Among other things, the law:

- Requires transparent labeling and dosing information of kratom products
- Prohibits synthetic and semi-synthetic alkaloids in kratom
- Caps the amount of 7-hydroxymitragynine ("7-OH"), an alkaloid found in kratom products, at 2%
- Bans kratom vaporizers
- Bans kratom products that are candy-like or marketed to children
- Requires kratom products be kept behind a counter, similar to tobacco
- Bans the sale of kratom to those under 21

"Whole leaf kratom powder is an exit from addiction. These synthetic 708 products that are out here is an entrance into one," Brown said.

kratum.jpg
CBS

 Brown and Bregger agree, synthetic kratom presents the greatest risk.

"It's so addictive and so readily available that it's going to be an epidemic in no time," Bregger said.

Faith Day founded Clean Kratom in Oregon and today has a location on Broadway in Denver. Day says her business is the first licensed kratom dispensary in the United States, and worked to help craft this legislation. Day shared the following comment with CBS Colorado:

"We fully support science-backed regulation and believe it's a critical step in legitimizing the industry. While we had hoped for tighter restrictions to help keep bad actors out and ensure consumer safety, we remain optimistic that these new frameworks will give responsible, compliant companies like ours a chance to shine. We're committed to quality, transparency, and continued advocacy for safe access to kratom through well-regulated channels."

While Brown won't stop advocating for the substance she says saves her life, Bregger says this is just the beginning of his fight.

"I will forever have chronic pain, anxiety and depression. You know, I can't pray my pain away. I will always need something to help manage my pain, so that is why I utilize kratom now," Brown said. "I can 100% confidently tell you that I'm a recovered addict now."

"It's a plague in Colorado, and the legislation will save a lot of lives. And that's what I'm in it for, to save lives in Dan's memory," Bregger said.

View CBS News In
CBS News App Open
Chrome Safari Continue
Be the first to know
Get browser notifications for breaking news, live events, and exclusive reporting.