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

Plain English Breakdown

Using official source text because the generated explanation was unavailable or could not be confirmed against the official bill text.

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

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

What This Bill Does

• ban kratom and kratom products and to provide a penalty therefor.
• Official keyword topics: Controlled Substances Penalty Public Health and Safety Official sponsor note: Senators <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4740/Detail">Carley</a> (prime), <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4769/Detail">Jensen (Kevin)</a>, <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4794/Detail">Nelson</a>, and <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4800/Detail">Perry</a> and Representatives <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4767/Detail">Ismay</a> (prime), <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4750/Detail">Fitzgerald</a>, <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4752/Detail">Garcia</a>, <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4761/Detail">Heinemann</a>, <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4789/Detail">Moore</a>, and <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4816/Detail">Schaefbauer</a>

Limits and Unknowns

• This entry is temporarily using official source text because the generated explanation could not be confirmed against the official bill text during the last sync.

Official Summary Text

ban kratom and kratom products and to provide a penalty therefor.
Official keyword topics:
Controlled Substances
Penalty
Public Health and Safety
Official sponsor note: Senators <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4740/Detail">Carley</a> (prime), <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4769/Detail">Jensen (Kevin)</a>, <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4794/Detail">Nelson</a>, and <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4800/Detail">Perry</a> and Representatives <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4767/Detail">Ismay</a> (prime), <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4750/Detail">Fitzgerald</a>, <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4752/Detail">Garcia</a>, <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4761/Detail">Heinemann</a>, <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4789/Detail">Moore</a>, and <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4816/Detail">Schaefbauer</a>

Current Bill Text

26.369.19 101st Legislative Session 77

2026 South Dakota Legislature
Senate Bill 77

Introduced by: Senator Carley

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
26.369.19 2 77
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