Is Kratom Legal in South Dakota?
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.
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.
Update History
Jun 20, 2026South Dakota Kratom Legal Status Update
South Dakota — SB 77, HB 1151: 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: RESTRICTED.
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.
Sources: Link 1
Jun 11, 2026South Dakota Kratom Legal Status Update
South Dakota — HB 1151, SB 77: 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: RESTRICTED.
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.
Sources: Link 1
Mar 27, 2026South 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 Senate Bill 77 was introduced on January 13, 2026, and passed by the Senate Health and Human Services Committee on January 21, 2026 [cite: 1, South Dakota Legislature website]. This bill proposes an outright ban on kratom, classifying related activities as a Class 2 misdemeanor and repealing previous regulations. This represents a shift from the database's 'RESTRICTED' status to 'PENDING' for an outright 'BANNED' status.
Sources: Link 1
Mar 17, 2026South Dakota Kratom Legal Status Update
South Dakota — HB 1151, SB 77: 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: RESTRICTED.
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.
Sources: Link 1