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Status verified July 10, 2026 – No legislative changes detected.
Is Kratom Legal in South Dakota?
Current Status
Legislation introduced in early 2026 to ban kratom (SB 77 and HB 1151) failed to pass in the South Dakota Legislature. This outcome reaffirms kratom's status as restricted under regulations established in February 2025, which include age limits (21+), alkaloid concentration limits, and labeling requirements.
Kratom legality varies by state. View the interactive map for all 50 states, or see other restricted 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
| Bill | SB 77, HB 1151 |
|---|---|
| Title | South Dakota had a 'PENDING' status. While HB 1056 in February 2025 established regulations (outside the 180-day window), within the last 180 days, two bills aimed at banning kratom, SB 77 (introduced January 2026) and HB 1151 (introduced January 2026), were considered by the South Dakota Legislature. SB 77 failed in the Senate on January 22, 2026, and HB 1151 failed in the House on February 17, 2026. The failure of these legislative attempts to ban kratom confirms its continued 'RESTRICTED' legal status, which was established by previous legislation. The current restrictions, not part of the *recent* action but the underlying status, include an age limit of 21+, limits on 7-hydroxymitragynine content, and labeling requirements. |
| Status | — |
South Dakota Kratom Legal Status Update
| Bill | HB 1151, SB 77 |
|---|---|
| Title | South Dakota was listed as 'PENDING'. While regulations restricting kratom were enacted in 2025 (e.g., age 21+ and limits on 7-hydroxymitragynine), placing it in a 'RESTRICTED' status, recent legislative attempts to impose a complete ban failed within the last 180 days. House Bill 1151 failed on February 17, 2026, and Senate Bill 77 failed on January 22, 2026. The failure of these bills confirms that kratom remains under the 2025 restrictions, effectively changing its status from PENDING to RESTRICTED. |
| Status | — |
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 →Selling Kratom in South Dakota?
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