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South Dakota criminal charge

Kratom in South Dakota

Class 2 MisdemeanorCurrent through 2026 South Dakota legislative session

Kratom is a Class 2 Misdemeanor under South Dakota criminal law, defined by SDCL § 34-20B-115. As a Class 2 Misdemeanor, it is punishable within the statutory sentencing range South Dakota sets for that offense class. South Dakota sorts criminal offenses into felonies, misdemeanors, and petty offenses, each carrying its own penalty range.

Defined by SDCL § 34-20B-115.

What is the penalty for kratom in South Dakota?

Penalties for Kratom
PenaltyRangeBasisAuthority
Jail / prisonup to 30 days (county jail)discretionarySDCL § 22-6-2
Fineup to $500 (no statutory minimum)discretionarySDCL § 22-6-2

Applies to current.

Common questions about kratom in South Dakota

Is kratom a felony or a misdemeanor in South Dakota?

Kratom is a Class 2 Misdemeanor in South Dakota under SDCL § 34-20B-115.

What are the penalties for kratom in South Dakota?

As a Class 2 Misdemeanor, kratom carries up to 30 days (no mandatory minimum) of incarceration and a fine of up to $500 (no mandatory minimum) under SDCL § 22-6-2 (current).

Which South Dakota statute covers kratom?

Kratom is governed by SDCL § 34-20B-115 (Kratom--Facilitating under age use--Penalty).

Legal terms used in this law

This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.