SB 77

 26.369.19  101st Legislative Session  77
                                     2026 South Dakota Legislature
                                                Senate Bill 77
 Introduced by: Senator Carley
1 An Act to ban kratom and kratom products and to provide a penalty therefor.
2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
3 Section 1. That a NEW SECTION be added to chapter 34-20B:
4A person who sells, distributes, purchases, consumes, or possesses kratom, a
5     kratom product, or a product containing synthetic mitragynine or 7-hydroxymitragynine,
6     is guilty of a Class 2 misdemeanor.
7 Section 2. That § 34-20B-115 be REPEALED.
8Any of the following actions are unlawful:
9     (1)     To knowingly sell or distribute a kratom product to a person under the age of
10twenty-one;
11     (2)     The purchase or attempt to purchase, the receipt or attempt to receive, the
12possession, or the consumption of a kratom product by a person under the age of
13twenty-one; or
14     (3)     To purchase a kratom product on behalf of, or to give a kratom product to, any
15person under the age of twenty-one, unless the purchaser is a parent or guardian
16of the person under the age of twenty-one.
17A violation of this section is a Class 2 misdemeanor.
18 Section 3. That § 34-20B-115.1 be REPEALED.
19No person may prepare, sell, or distribute a kratom product that:
20     (1)     Contains a level of 7-hydroxymitragynine in the alkaloid fraction that is greater
21than two percent of the alkaloid composition of the product;
22     (2)     Contains synthetic mitragynine, synthetic 7-hydroxymitragynine, or any other
23synthetic alkaloid or synthetically derived compound from the Mitragyna speciosa
24plant;
                                                                              Underscores indicate new language.
                                                                            Overstrikes indicate deleted language.
 26.369.19  2  77
1    (3)      Contains a poisonous or otherwise deleterious non-kratom substance, including
2any substance designated as a controlled substance by this chapter;
3    (4)      Is mixed or packed with a non-kratom substance that affects the quality or strength
4of the kratom product, rendering the product injurious to a customer;
5    (5)      Does not include on its package or label the recommended serving size of the
6kratom product, a recommended number of servings that can be safely consumed
7in a twenty-four-hour period, and a list of servings per container;
8    (6)      Does not include on its package or label the amount of mitragynine and 7-
9hydroxymitragynine contained in the kratom product; or
10    (7)      Does not include on its package or label the following warning statement: "Consult
11a licensed, qualified healthcare professional before consuming this product. Not for
12use by women who are pregnant, nursing, or trying to become pregnant."
13A violation of this section is a Class 2 misdemeanor.
                                                                               Underscores indicate new language.
                                                                             Overstrikes indicate deleted language.