Is Kratom Legal in South Dakota?
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.
Update History
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