Is Kratom Legal in South Dakota?
Complete guide to kratom laws, regulations, and where to buy in South Dakota.
ℹ️ Legal status is rechecked every morning against state legislative filings and regulatory actions. Last checked November 8, 2026. Laws can change — always verify with your local authorities.
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🏛️ Active Kratom Legislation in South Dakota
✅ No active kratom legislation tracked in South Dakota this session. We monitor every kratom-related bill filed in all 51 U.S. jurisdictions daily. If a new bill is introduced, it will appear here automatically.
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Kratom Legal Status in South Dakota
Kratom (Mitragyna speciosa) is legal for adults 21 and older to buy, possess, and use in South Dakota. The state has not classified kratom or its primary alkaloids, mitragynine and 7-hydroxymitragynine, as controlled substances, and there is no statewide ban. State law does regulate kratom: SDCL 34-20B-115 (added in 2021 by HB 1262) prohibits sales to and possession by anyone under 21, and SDCL 34-20B-115.1 (added in 2025) sets product standards.
Under SDCL 34-20B-115.1, no one may prepare, sell, or distribute a kratom product that has 7-hydroxymitragynine above 2% of its alkaloid composition, contains synthetic alkaloids, is adulterated with harmful non-kratom substances, or lacks required labeling (serving size, maximum servings per 24 hours, servings per container, mitragynine and 7-hydroxymitragynine amounts, and a warning statement). A violation is a Class 2 misdemeanor.
During the 2026 legislative session, South Dakota House Bill HB1151 was introduced with the stated purpose to “ban kratom and kratom products and to provide a penalty therefor.” The bill sought to prohibit the sale and possession of kratom statewide. However, on February 17, 2026, HB1151 failed on the House floor with a vote of 27 YEAS to 39 NAYS (H.J. 339). A Senate ban bill, SB 77, also failed on the Senate floor 13-20 on January 22, 2026. The 2026 session has ended, so neither bill can advance this year.
Bill introduction does not equal passage, and both 2026 ban attempts were defeated by clear margins. Similar legislation could be reintroduced in future sessions, so residents should stay informed. See the legislative tracker above for real-time bill status updates.
South Dakota has not adopted a law titled the Kratom Consumer Protection Act (KCPA), the model legislation adopted by several other states. However, its existing statutes already include several KCPA-style elements: a 21+ age limit, a 2% 7-OH cap, a ban on synthetic alkaloids, and labeling rules. For a broader look at how kratom is regulated across the country, visit the kratom legality hub.
At the federal level, the kratom plant and mitragynine are not scheduled under the Controlled Substances Act. However, the DEA temporarily placed the kratom-derived compounds mitragynine pseudoindoxyl, MGM-15 and MGM-16 in Schedule I effective August 26, 2026, and on October 14, 2026 it published a revised notice of intent to temporarily schedule 7-OH and mitragynine pseudoindoxyl above a concentration threshold, an order that can take effect on or after November 13, 2026. The FDA has not approved kratom for any medical use.
Age and Purchase Requirements
South Dakota sets a minimum age of 21 for kratom. Under SDCL 34-20B-115, it is a Class 2 misdemeanor to knowingly sell or distribute kratom to anyone under 21, for a person under 21 to purchase, attempt to purchase, receive, possess, or consume kratom, or to buy or give kratom to someone under 21 (a parent or guardian is excepted). Buyers should expect to show proof of age, and online retailers shipping to South Dakota should verify that customers are 21 or older.
Because HB1151 and SB 77 both failed in 2026, the existing 21+ age limit and product standards remain the rules in effect. No new purchase restrictions were enacted in 2026.
Where to Buy Kratom in South Dakota
Kratom can be found at smoke shops, herbal stores, and specialty retailers throughout South Dakota. For guaranteed quality, ordering online from Amazing Botanicals ensures every product is third-party tested by an ISO-accredited laboratory with Certificates of Analysis (COAs) available.
Popular Products
- Kratom Capsules — 600mg gelatin capsules, convenient and pre-measured
- Kratom Powder — great for brewing kratom tea
- Kratom Extracts — concentrated options for experienced users
Kratom in South Dakota Cities
As of October 2026, we are not aware of any city or county kratom bans in South Dakota. Kratom is legal for adults 21 and older throughout the state, subject to the statewide age limit and product rules described above.
Ordering Kratom Online to South Dakota
You can order lab-tested kratom online with shipping to all South Dakota addresses for customers 21 and older. Benefits include full strain selection (see our strain comparison chart), lab-tested products with COAs, and fast shipping.
Frequently Asked Questions
Yes, for adults 21 and older. State law (SDCL 34-20B-115) prohibits sales to and possession by anyone under 21, and SDCL 34-20B-115.1 bans products with more than 2% 7-OH, synthetic alkaloids, or missing label disclosures. Two 2026 ban attempts (HB1151 and SB 77) failed.
In the 2026 session, two bills would have banned kratom statewide. SB 77 failed on the Senate floor 13-20 on January 22, 2026, and HB1151 failed in the House of Representatives on February 17, 2026, with a vote of 27-39. The 2026 session has ended, and neither bill became law.
Yes. If signed into law, HB1151 would have banned the sale and possession of kratom and kratom products in South Dakota and imposed penalties for violations. However, the bill failed on the House floor and did not advance further.
21. Under SDCL 34-20B-115, selling or giving kratom to anyone under 21, and purchase or possession by anyone under 21, is a Class 2 misdemeanor (a parent or guardian is excepted from the furnishing provision).
Not by that name. However, South Dakota law already includes KCPA-style rules: a 21+ age limit (SDCL 34-20B-115) and, since 2025, a 2% cap on 7-OH, a ban on synthetic alkaloids, and labeling requirements (SDCL 34-20B-115.1).
Use the legislative tracker widget at the top of this page for real-time updates. You can also monitor bills directly on LegiScan’s South Dakota page or visit our kratom legality hub for nationwide coverage.
Sources
1. South Dakota Legislature — HB1151 (2026): Ban kratom and kratom products
2. LegiScan — South Dakota Bill Tracker
3. American Kratom Association — State Advocacy & KCPA Information
4. LegiScan: SB 77 (2026): Kratom ban bill text
5. South Dakota Codified Laws: SDCL 34-20B-115 (kratom, under 21)
6. South Dakota Codified Laws: SDCL 34-20B-115.1 (prohibited kratom products, labeling)
7. South Dakota Session Laws: 2021 Chapter 146 (HB 1262)
8. Federal Register: DEA notice of intent on 7-OH and mitragynine pseudoindoxyl (Oct 14, 2026)
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Disclaimer: This page is for informational purposes only and does not constitute legal advice. Laws can change — always verify current regulations. Last updated: October 2026.
Is 7-OH (7-hydroxymitragynine) legal in South Dakota?
NO STATE 7-OH LAW
No state 7-OH statute.
No 7-OH-specific state statute. Pending federal scheduling would be the operative restriction.
Federal status: 7-OH is not yet federally scheduled, but the DEA filed notices of intent on July 1, 2026 and a temporary Schedule I order is expected on or after August 5, 2026, effective the day it publishes. That will apply in South Dakota regardless of state law.