At MIT45, we have years of experience with kratom products, rules, and more. This comprehensive guide offers an expert overview of kratom’s legality in South Dakota.
Current Status of South Dakota Kratom Laws
Kratom has always been legal in South Dakota, although there are some limitations that went into effect in 2021.
South Dakota codified law 34-20B-115 states:
The following actions are unlawful:
(1) To knowingly sell or distribute kratom to a person under the age of twenty-one;
(2) The purchase or attempt to purchase, the receipt or attempt to receive, the possession, or the consumption of kratom by a person under the age of twenty-one; and
(3) To purchase kratom on behalf of, or to give kratom to, any person under the age of twenty-one, unless the purchaser is a parent or guardian of the person under the age of twenty-one.
Kratom, for the purposes of this section, is a substance that contains 7-hydroxymitragynine, Mitragynine, or Mitragynine pseudoindoxyl. A violation of this section is a Class 2 misdemeanor.
In other words, it is illegal for anyone under the age of 21 to possess or use kratom. It is also illegal to sell or provide kratom to anyone under 21.
At this time, it does not appear that there are any upcoming challenges to kratom’s legality in South Dakota. However, every legislative session provides lawmakers with the opportunity to pass a bill related to kratom. Those bills can end up being good or bad for kratom users. It’s important for kratom users to stay up to date about potential legislation so that they can advocate for these important products.
Current Regulatory Status of Kratom in South Dakota
Kratom is unregulated in South Dakota, as it is federally. However, kratom advocates hope to see that change.
Leaders in the kratom industry support regulation in the form of a Kratom Consumer Protection Act (KCPA) for two main reasons. First, it would guarantee continued access to kratom for South Dakota’s residents and visitors. Second, it would protect kratom users from unethical vendors who would sell poor quality (or even dangerous) kratom products.
Several states have passed KCPA or similar bills (Arizona, Georgia, Nevada, Oregon, Utah, and Wisconsin), and there is a push for a federal version to be passed by Congress.
These laws usually include the following:
- Age limits (which South Dakota already has)
- Registration for kratom vendors
- Third-party testing requirements
- Oversight by a regulatory body such as the Department of Revenue
- Labeling requirements
