ban kratom and kratom products and to provide a penalty therefor.

26.842.9 101st Legislative Session 1151

2026 South Dakota Legislature
House Bill 1151

Introduced by: Representative Heinemann

Underscores indicate new language.
Overstrikes indicate deleted language.
An Act to ban kratom and kratom products and to provide a penalty therefor. 1
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 2
Section 1. That a NEW SECTION be added to chapter 34-20B: 3
A person who sells, distributes, purchases, consumes, or possesses kratom, a 4
kratom product, or a product containing synthetic mitragynine or 7 -hydroxymitragynine, 5
is guilty of a Class 2 misdemeanor. 6
Section 2. That § 34-20B-115 be REPEALED. 7
Any of the following actions are unlawful: 8
(1) To knowingly sell or distribute a kratom product to a person under the age of 9
twenty-one; 10
(2) The purchase or attempt to purchase, the receipt or attempt to receive, the 11
possession, or the consumption of a kratom product by a person under the age of 12
twenty-one; or 13
(3) To purchase a kratom product on behalf of, or to give a kratom product to, any 14
person under the age of twenty-one, unless the purchaser is a parent or guardian 15
of the person under the age of twenty-one. 16
A violation of this section is a Class 2 misdemeanor. 17
Section 3. That § 34-20B-115.1 be REPEALED. 18
No person may prepare, sell, or distribute a kratom product that: 19
(1) Contains a level of 7 -hydroxymitragynine in the alkaloid fraction that is greater 20
than two percent of the alkaloid composition of the product; 21
(2) Contains synthetic mitragynine, synthetic 7 -hydroxymitragynine, or any other 22
synthetic alkaloid or synthetically derived compound from the Mitragyna speciosa 23
plant; 24
26.842.9 2 1151
Underscores indicate new language.
Overstrikes indicate deleted language.
(3) Contains a poisonous or otherwise deleterious non -kratom substance, including 1
any substance designated as a controlled substance by this chapter; 2
(4) Is mixed or packed with a non-kratom substance that affects the quality or strength 3
of the kratom product, rendering the product injurious to a customer; 4
(5) Does not include on its package or label the recommended serving size of the 5
kratom product, a recommended number of servings that can be safely consumed 6
in a twenty-four-hour period, and a list of servings per container; 7
(6) Does not include on its package or label the amount of mitragynine and 7 -8
hydroxymitragynine contained in the kratom product; or 9
(7) Does not include on its package or label the following warning statement: "Consult 10
a licensed, qualified healthcare professional before consuming this product. Not for 11
use by women who are pregnant, nursing, or trying to become pregnant." 12
A violation of this section is a Class 2 misdemeanor. 13