The proposed bill aims to ban kratom and kratom products in South Dakota, establishing penalties for violations. It introduces a new provision that makes it a Class 2 misdemeanor for any individual to sell, distribute, purchase, consume, or possess kratom, kratom products, or products containing synthetic mitragynine or 7-hydroxymitragynine. This marks a significant shift in the legal framework surrounding kratom, as it replaces previous regulations that specifically addressed the sale and distribution of kratom products to individuals under the age of twenty-one.

Additionally, the bill repeals existing sections that outlined specific unlawful actions related to kratom products, including restrictions on their sale, distribution, and labeling requirements. These repealed sections included provisions that regulated the composition of kratom products, such as limits on the levels of certain alkaloids and requirements for health warnings on packaging. By removing these regulations, the bill simplifies the legal stance on kratom, effectively prohibiting its use altogether rather than imposing restrictions on its sale and distribution.

Statutes affected:
Introduced, 01/09/2026: 34-20B-115, 34-20B-115.1