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. The previous regulations included stipulations regarding the allowable levels of certain alkaloids, the presence of synthetic compounds, and mandatory warning labels. By removing these provisions, the bill simplifies the legal landscape regarding kratom, effectively prohibiting all related activities without the nuanced regulations that previously existed.

Statutes affected:
Introduced, 01/26/2026: 34-20B-115, 34-20B-115.1