South Dakota statute
SDCL § 34-20B-115.1 — Kratom--Prohibited products--Labeling required--Penalty
Current through text effective June 30, 2026 (through the 2025 Regular Session)
Part of Chapter 20B: Drugs And Substances Control, South Dakota Codified Laws.
Criminal charges under this statute
Full text of SDCL § 34-20B-115.1
Statutory text current through the text effective June 30, 2026 (through the 2025 Regular Session). This publication reproduces the official statutory text; it is not the official statutes of the State of South Dakota.
No person may prepare, sell, or distribute a kratom product that:
(1) Contains a level of 7-hydroxymitragynine in the alkaloid fraction that is greater than two percent of the alkaloid composition of the product;
(2) Contains synthetic mitragynine, synthetic 7-hydroxymitragynine, or any other synthetic alkaloid or synthetically derived compound from the Mitragyna speciosa plant;
(3) Contains a poisonous or otherwise deleterious non-kratom substance, including any substance designated as a controlled substance by this chapter;
(4) Is mixed or packed with a non-kratom substance that affects the quality or strength of the kratom product, rendering the product injurious to a customer;
(5) Does not include on its package or label the recommended serving size of the kratom product, a recommended number of servings that can be safely consumed in a twenty-four-hour period, and a list of servings per container;
(6) Does not include on its package or label the amount of mitragynine and 7-hydroxymitragynine contained in the kratom product; or
(7) Does not include on its package or label the following warning statement: "Consult a licensed, qualified healthcare professional before consuming this product. Not for use by women who are pregnant, nursing, or trying to become pregnant."
A violation of this section is a Class 2 misdemeanor.
Official sources
Legal terms used in this section
Questions this section answers
Is kratom a felony or a misdemeanor in South Dakota?
Kratom is a Class 2 Misdemeanor in South Dakota under SDCL § 34-20B-115.1.
Which South Dakota statute covers kratom?
Kratom is governed by SDCL § 34-20B-115.1 (Kratom--Prohibited products--Labeling required--Penalty).
This reference is informational and is not legal advice.