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Appropriations committee keeps kratom regulation but shifts startup funding to tobacco settlement fund
Summary
Senate Bill 72 — focused on kratom product standards and age restrictions — was amended so the regulatory program is retained but initial startup funding comes from the Tobacco Litigation Settlement Cash Fund; the committee passed the bill unanimously but declined to place it on the consent calendar.
The Senate Committee on Appropriations amended and advanced Senate Bill 72, which addresses kratom product regulation and controls sales to those 21 and older, while altering the bill’s funding approach.
Sponsor Senator Pelton described the bill as a response to concerns from the kratom industry and public-health advocates about product manufacturing standards, potency controls and youth access. The committee adopted amendment L3, which directs initial start-up funding from the Tobacco Litigation Settlement Cash Fund, and J2 to appropriate those funds; those amendments preserve the regulatory components that the sponsor and other members said were important for public health.
Senator Gonzales asked what oversight would remain after the fiscal changes; Senator Pelton said oversight would continue through deceptive trade practices statutes for products with potency above the threshold and enforcement by district attorneys or the attorney general, while regulatory licensing language had been reduced because of Tabor/fiscal constraints.
Committee members debated whether the regulatory program should be funded from the tobacco settlement cash fund or implemented in the 2526 fiscal year. Office of Legislative Legal Services confirmed that adopting L3 and J2 would fund startup costs from the tobacco settlement fund and retain the regulatory portion of the bill. The committee adopted L3 and J2 and passed SB 72 unanimously; several members objected to placing the bill on the consent calendar so it will proceed to the floor with objections noted.
Notes: Sponsors removed some licensing sections to avoid triggering TABOR/fiscal barriers, then restored regulatory authority with a funding transfer; transcript contains committee-level policy and funding tradeoffs.
