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Status verified April 5, 2026 – No legislative changes detected.
Is Kratom Legal in South Dakota?
Current Status
South Dakota Senate Bill 77, introduced and passed by the Health and Human Services Committee, proposes to ban kratom entirely, making its sale, possession, purchase, and consumption a Class 2 misdemeanor, and repealing existing regulations.
Kratom legality varies by state. View the interactive map for all 50 states, or see other pending states in the Related States section below.
What Merchants Need to Know
- Age verification required (21+) for all sales
- Lab testing recommended for all products
- Labeling must comply with state standards
Recent Updates for South Dakota
South Dakota Kratom Legal Status Update
South Dakota Senate Bill 77, introduced and passed by the Health and Human Services Committee, proposes to ban kratom entirely, making its sale, possession, purchase, and consumption a Class 2 misdemeanor, and repealing existing regulations.
South Dakota Kratom Legal Status Update
| Bill | HB 1151, SB 77 |
|---|---|
| Title | The provided 'CURRENT STATUS BY STATE' listed South Dakota as PENDING. However, South Dakota enacted regulations for kratom sales in 2025, which included restrictions on products with artificially enhanced levels of 7-hydroxymitragynine (7-OH) and requirements for labeling. This moved the state to a RESTRICTED status. Within the last 180 days, legislative efforts to impose an outright ban on kratom, specifically House Bill 1151 and Senate Bill 77, failed. HB 1151 failed in the House on February 17, 2026, and SB 77 failed in the Senate on January 22, 2026. The failure of these ban attempts confirms that kratom remains regulated under the 2025 restrictions, thus officially changing its status from PENDING to RESTRICTED. |
| Status | — |
South Dakota Kratom Legal Status Update
Senate Bill 77 (SB 77), introduced on January 13, 2026, proposes to ban kratom entirely by classifying its sale, possession, purchase, and consumption as a Class 2 misdemeanor. The bill passed the Health and Human Services Committee on January 21, 2026.
Read more →South Dakota Kratom Legal Status Update
South Dakota has enacted regulations including a ban on sales to persons under 21 years of age, prohibition of possession by underage persons, and requirements for product labels.
Read more →South Dakota Kratom Legal Status Update
While currently restricted, South Dakota Senate Bill 77 (2026) was introduced to outright ban kratom and kratom products. As of January 2026, the bill failed to earn the endorsement of the Senate Health and Human Services Committee but remains active.
Read more →Related States
Other states where kratom is pending
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