State forces Fort Collins smoke shop to close

FORT COLLINS — A smoke shop in Fort Collins has been ordered to close by Sunday after an investigation found that it had illegally sold kratom products to a minor.

Colorado Attorney General Phil Weiser announced the decision Wednesday to shut down Smokin’ Genie, 604 S. Mason St., and coupled it with prohibiting its owner from doing business in the state for five years.

“In Colorado, we are committed to effective oversight over the sale of legal kratom products,” Weiser said in a news release. “Permitting the sale of age-restricted products to minors is something we take very seriously. We will continue to hold wrongdoers accountable and protect the public.”

From 2004 to last March, the attorney general’s office said, AIH Enterprises LLC sold tobacco, smoking paraphernalia and kratom products through its brick-and-mortar shop, Smokin’ Genie. A state investigation, in coordination with Fort Collins police, found that the store failed to properly label its kratom products and illegally sold kratom to a minor younger than 21. Both are violations of the Colorado Consumer Protection Act.

As part of the settlement signed by the state and the store’s owner, Ambreen Vazir of Wesley Chapel, Florida, Smokin’ Genie and its owner agreed to fully comply with the law, cease all operations in Fort Collins by Sunday, destroy any remaining inventory and pay $200,000 to the state if they violate the terms of the settlement.

According to Weiser’s office, “if Vazir chooses to establish a new business selling any type of psychoactive or intoxicating product after the ban expires, they must pay the state $20,000 as a re-entry fee. In such case, Vazir must comply with the Colorado Consumer Protection Act, as well as any other applicable laws, rules and regulations, such as age restrictions related to any specific product.”

This settlement is the first action taken by the attorney general under Senate Bill 25-072, passed by the state Legislature last year and known as the “Daniel Bregger Act.” The law, which regulates the sale of kratom products in Colorado, is named for Denver resident Daniel Bregger, who died at age 33 in 2021 from the combined toxic effects of kratom and diphenhydramine, the active ingredient in Benadryl.

Kratom is derived from the leaves of a tropical tree, Mitragyna speciosa, that is native to Southeast Asia. Kratom is often used to self-treat conditions such as chronic pain, coughing, diarrhea, anxiety and depression, opioid use disorder, but also carries properties of stimulants and opioids. According to the Mayo Clinic, kratom may act as a stimulant at lower doses but higher doses can produce sedative or opioid-like effects.

Kratom is illegal to buy, sell, possess or use in Alabama, Arkansas, Indiana, Rhode Island, Vermont and Wisconsin.

Attempts to reach Vazir for comment have been unsuccessful, and calls to the store Wednesday went unanswered.

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