As Gov. Jared Polis ponders a bill to increase Colorado’s regulation of the herbal remedy kratom, Dave Bregger said he feels like he’s on “pins and needles.”

The bill on Polis’ desk bears the name of Bregger’s son — Daniel, a 33-year-old Denver resident who died in 2021 after ingesting kratom and diphenhydramine, a common ingredient in Benadryl and sleep aids.

But whether Polis will sign the bill into law or not remains a mystery.

Supporters of Senate Bill 72 pushed the legislation through on the last day of the session after using a rare parliamentary maneuver. They say the new law would help rein in the most dangerous forms of kratom, while leaving consumer choice intact.

Industry opponents — including one company employing unconventional methods — are pushing for a veto, arguing the law would sow confusion in a growing market and ultimately harm consumers looking for a safe, effective product.

Kratom, a traditional herbal remedy from Southeast Asia, has exploded in popularity and availability in the United States over the past decade. Proponents point to the plant’s potential for a variety of uses, including as a stimulant or pain reliever, or as treatment for depression, anxiety and opioid withdrawal.

The U.S. Food and Drug Administration has warned against the use of kratom because of the herb’s potential for addiction, liver toxicity and seizures. The Harvard Medical School warns of “considerable uncertainty of (kratom’s) health risks,” including a lack of regulation.

But a general lack of independent research means there’s not enough information for a definitive conclusion about the plant, either.

Supporters of kratom argue that the herb by itself has proven safe for tens of millions of consumers, although tragedy has struck some, including Daniel Bregger. A 2024 Washington Post analysis found kratom has been implicated in 846 deaths across 30 states and Washington, D.C., in 2022, although the vast majority involved other substances as well.

Daniel Bregger’s father, Dave, said his son was a healthy young man enjoying the best of Colorado with his brother — hiking, mountain biking, skiing — and simply looking for a natural treatment for anxiety. Kratom and diphenhydramine, however, had a severe interaction that led to his death.

Bill’s supporters deploy ‘super motion’

Colorado lawmakers passed SB 72 to build on existing regulations for the emerging product. If the bill becomes law, sellers would need to bar kratom from being sold as candy or in a way that appeals to children, increase labeling requirements and limit how much kratom’s more potent active compound, 7-hydroxymitragynine, commonly marketed as 7-OH, can be found in the product.

The state already bars the sale of kratom to people younger than 21 under a law Polis signed in 2022.

The new law’s labeling requirements would include a warning that kratom can have unforeseen interactions with certain medications, in the hopes of preventing future deaths.

The bipartisan bill faced a wave of pushback and an unusual path to passage. After the bill passed the Senate with 30 of 35 members voting yes, supporters in the House used a so-called “super motion” to clear a key committee in the waning days of the legislative session. A super motion, in effect, bypasses a committee hearing — and the chair, who controls the agenda — to force a bill to the floor for consideration by the whole chamber.