Colorado ordered five kratom products removed from shelves after finding alcohol concentrations above the state’s 0.5% ABV threshold. Kansas investigators previously identified high-alcohol kratom shots. Together with the linked laboratory reports, these findings warrant careful review by alcohol-control agencies in other states.
Colorado Identified Five Products, Not Just One
Colorado's October 2, 2026 Bulletin 26-03 identifies five tested kratom products with ethanol concentrations ranging from 0.76% to 7.17% alcohol by volume. Testing was performed by a certified and accredited laboratory, according to the Division.
| Product named in bulletin | Alcohol by volume | Colorado finding |
|---|---|---|
| O.P.M.S. Red | 7.17% | Above 0.5% threshold |
| O.P.M.S. Black | 4.708% | Above 0.5% threshold |
| O.P.M.S. Gold | 3.964% | Above 0.5% threshold |
| Feel Free Liquid Kratom | 1.24% | Above 0.5% threshold |
| Professor White’s KPlex | 0.76% | Above 0.5% threshold |
Source: Colorado Department of Revenue, Liquor and Tobacco Enforcement Division, Bulletin 26-03, page 1. Results are for products identified in the bulletin and should not be generalized to every batch.
What Colorado actually determined
Under C.R.S. § 44-3-103(2), products containing at least 0.5% ABV meet Colorado's alcohol-beverage definition. The Division stated that none of the kratom-containing alcohol beverages had been registered with the state, so the five listed products could not lawfully be sold in Colorado. The bulletin also explains potential violations by retailers with or without liquor licenses.
The Division directed retailers to immediately remove affected products and stop sales, with investigators conducting follow-up inspections. This is a Colorado-specific legal determination, not an automatic finding that every product violates alcohol laws in every state.
Colorado advisory page → Read the full two-page bulletin (PDF) →
Kansas Had Already Found a More Extreme Example
A March 2026 KCTV investigation reported that Kansas Alcoholic Beverage Control identified certain kratom shots containing approximately 15.7% to 16.15% ethanol. The state treated the tested products as alcoholic beverages under Kansas law and took enforcement action.
These Kansas figures should not be generalized to other brands or batches. They demonstrate why actual alcohol testing, rather than package descriptions alone, matters.
Read the Kansas investigation →
What the Laboratory Reports Show — and What They Do Not
The existing compilation includes certificates of analysis reporting ethanol in multiple kratom extract samples, including samples flagged against a 5,000 ppm residual-solvent specification. The compilation is available for regulators to examine alongside original methods, batches, units and reporting limits.
Residual solvent specifications and alcohol beverage laws are different regulatory tests. A laboratory “FAIL” against a USP <467>-based specification does not automatically mean the finished product violates that USP standard, or qualifies as an alcoholic beverage. Finished-product classification depends on the applicable standard and jurisdiction.
Open the laboratory report compilation (PDF) →
What Alcohol Boards Can Determine
1. Whether the measured ethanol content triggers the state's alcoholic-beverage definition.
2. Whether alcohol-related licensing, product registration, labeling or tax requirements apply.
3. Whether retailers or distributors must remove specific noncompliant products.
4. Whether a state agency can independently sample products and verify alcohol by volume.
5. Which agency has jurisdiction when a botanical extract contains ethanol but is marketed as a supplement or shot.
Request a Review From Your State Alcohol Board
Use this updated letter to request an agency determination, not to presume that every product is illegal. Copy it, select your state's contact below and attach the laboratory compilation where permitted.
Subject: Request for review of ethanol in kratom extracts — Colorado Bulletin 26-03 Dear [State Alcohol Control Agency], I request an agency review of ethanol-containing kratom extract products sold in convenience stores, smoke shops and other retail locations. On October 2, 2026, the Colorado Department of Revenue's Liquor and Tobacco Enforcement Division issued Bulletin 26-03 after testing by a certified and accredited laboratory. Colorado identified five kratom products exceeding its 0.5% alcohol-by-volume threshold: • O.P.M.S. Red — 7.17% ABV • O.P.M.S. Black — 4.708% ABV • O.P.M.S. Gold — 3.964% ABV • Feel Free Liquid Kratom — 1.24% ABV • Professor White's KPlex — 0.76% ABV The Division stated that no kratom-containing alcohol beverages had been registered with Colorado, directed retailers to remove affected products immediately, and announced compliance inspections. Official bulletin: https://sbg.colorado.gov/bulletin-26-03-kratom-product-removal-advisory-bulletin A separate Kansas ABC investigation reported certain kratom shots containing approximately 15.7%–16.15% ethanol. Additional third-party laboratory reports are compiled here: https://antikratom.org/Extractswithalcohol.pdf I respectfully request clarification: 1. Would products with similar alcohol content qualify as alcoholic beverages under [State] law? 2. What licensing, labeling, registration, distribution, age-verification or taxation requirements would apply? 3. Has your agency sampled, inspected or issued guidance concerning ethanol-containing kratom extracts? 4. Can the attached laboratory reports be referred for an independent investigation or product testing? 5. If the matter is outside your jurisdiction, which state agency should receive it? I recognize that Colorado's classification applies under Colorado law, and that a USP residual-solvent test result alone does not determine alcohol-beverage status in another state. I request a review based on the laws and evidence applicable to your jurisdiction. Thank you for your consideration. I would appreciate a written response. Sincerely, [Name] [City, State] [Email]
State Alcohol-Control Contacts
The original ABC board directory is preserved below, including its email links and complaint forms. These are the contacts from the prior page; agency addresses and form availability should be confirmed before submission. Some email links include a placeholder body: paste the complete updated letter above.
Primary Sources and Documentation
Colorado Department of Revenue — Bulletin 26-03, Kratom Product Removal Advisory
KCTV5 — Kansas ABC kratom shot alcohol investigation
Anti-Kratom Association — Laboratory report compilation
The Colorado product names, ABV results and removal directive are transcribed from official Bulletin 26-03. Kansas results and the independent laboratory compilation are separate sources; a USP residual-solvent flag does not automatically establish alcoholic-beverage classification.