South Dakota House Votes Unanimaously to Pass Kratom Regulation Bill

In January, South Dakota's House of Representatives voted to unanimously pass a bill placing restrictions on the sale of kratom.

House Bill 1056 aims to prohibit the preparation, sale, or distribution of kratom products that contain more than 2% of 7-Hydroxymitragynine (7-OH) or any synthetic alkaloid. The bill also requires kratom products to have dosage information and the amount of mitragynine and 7-hydroxymitragynine contained in the kratom.

This bill will add language to CHAPTER 34-20B: DRUGS AND SUBSTANCES CONTROL laws of South Dakota, implementing these rules.

Prior to 2021, South Dakota had no laws on the books about kratom. It was legal to buy, sell, and possess without restrictions. However, HB1262 added language to 34-20B-115 made it illegal to sell kratom in South Dakota to people under 21 years of age.

On February 3rd, HB1056 was referred to the Senate Health and Human Services Committee after First Reading by the senate.

South Dakota is currently the only state that considers ingesting a controlled substance as a felony. Other states only consider possession of controlled substances as against the law, and only possession of large amounts is considered felony trafficking.

South Dakota lawmakers are currently debating Senate Bill 83, that would lower ingestion charges from a felony to a misdemeanor. Senator Tamara Grove is sponsoring the bill, arguing that incarcerating people charged with the felony is too expensive for taxpayers.