Ban kratom and kratom products and to provide a penalty therefor.
Summary
SB77 would make it a crime in South Dakota to sell, distribute, purchase, consume, or possess kratom, kratom products, and products containing synthetic mitragynine or 7-hydroxymitragynine. The bill creates a Class 2 misdemeanor for those activities and repeals existing statutes that currently regulate kratom rather than banning it outright.
The bill also repeals current provisions that prohibit sales to people under 21 and that set product standards for kratom. Under the bill, those existing rules would be replaced by a complete prohibition on kratom and kratom products, including products with synthetic or synthetically derived compounds from the Mitragyna speciosa plant. The measure also targets products with adulterants, inaccurate labeling, or missing warnings, but those provisions would no longer operate as standalone regulatory rules because the bill would broadly criminalize the underlying product itself.
Impact
SB77 would substantially change South Dakota law by removing the current regulatory framework for kratom and replacing it with a blanket ban enforced through criminal penalties. It would repeal ยงยง 34-20B-115 and 34-20B-115.1, eliminating age-based restrictions and product-content/labeling requirements, and instead add a new section to chapter 34-20B making possession, use, purchase, sale, and distribution of kratom and related synthetic compounds a Class 2 misdemeanor. The bill would affect consumers, retailers, distributors, and manufacturers of kratom products, as well as law enforcement and prosecutors tasked with enforcing the ban.
Sentiment
The available vote history suggests mixed but not unanimous support. The bill was reported out of committee without recommendation on a 7-0 vote, indicating no recorded opposition at that stage, but it later failed to advance on a 13-20 vote when placed on the calendar pursuant to JR 6F-6. With no committee transcript provided, the discussion record does not show detailed arguments, but the voting pattern indicates the proposal was controversial enough to prevent broad legislative support.
Contention
The main point of contention is whether kratom should be banned entirely or regulated as a consumer product. Supporters of the bill appear to favor a strict prohibition based on safety concerns about kratom, synthetic mitragynine, and 7-hydroxymitragynine, while opponents likely object to criminalizing possession and use by adults and to eliminating the existing age and labeling safeguards in favor of a full ban. The inclusion of warnings, dosage limits, and adulteration standards in the repealed statutes suggests an existing regulatory approach that the bill would replace, making the scope of criminalization the central issue.
Classify nicotine products as tobacco products, to increase tax rates on cigarettes and tobacco products, to create the healthcare workforce development fund, and to make an appropriation therefor.