Is Kratom Legal in South Dakota? [2023 Update]

Kratom is legal in South Dakota for individuals aged 21 and over. This minimum age requirement has been in force since early 2021. Otherwise, kratom is unregulated in South Dakota, and there are no active plans to implement the Kratom Consumer Protection Act.

However, there have been a few kratom-related legal shenanigans over the years, including an attempt to ban the herb in 2020. This post will explore the legal history of kratom in South Dakota, analyze its future prospects, and explain how to find premium products.

Yes, kratom is perfectly legal in the Mount Rushmore State. The 21-year-old age requirement is the only restriction. South Dakota law does not list Mitragyna speciosa or any active compounds in kratom (i.e., mitragynine) as controlled substances.

Moreover, no jurisdictions within South Dakota deviate from the state legislature’s kratom stance. It is not uncommon for isolated cities, towns, and parishes to restrict kratom access by passing ordinances. Thankfully, nowhere in SD has gone down this prohibitive route.

Don’t worry if you travel out of state. Kratom is legal in every state bordering South Dakota - you must go as far as Wisconsin to find the nearest place where kratom is banned.

Until 2020, the South Dakota Legislature took no interest in kratom, with no bills introduced to ban, regulate, or study the substance. That perhaps seems odd, given some states criminalized kratom during the mid-2010s.

However, there are other states - especially in the region - where kratom also went under the radar. But all that changed with an out-of-the-blue bill to make the herb a controlled substance.

In January 2020, eight Republican politicians (six House representatives and two senators) introduced a bill to make kratom a controlled substance. SD HB1072 intended to classify mitragynine, mitragynine pseudoindoxyl, and 7-hydroxymitragynine (7-HMG) as Schedule I drugs.

The American Kratom Association (AKA) quickly organized to fight the threat, to the dismay of Rep. Carl Perry (R), the bill’s lead sponsor. Committee members listened to users make a science-based case for kratom before deciding they could not proceed with such a bill without more info.

Rep. Perry tried to keep SD HB1072 alive, but his “Do Pass” motion to send the bill to the Floor of the Legislature for debate failed. A motion then passed that effectively rendered the bill dead.

Mac Haddow, the AKA’s Senior Fellow on Public Policy, thanked the efforts of South Dakota’s Kratom Warriors following the failure of SD HB1072.

But Rep. Perry wasn’t finished, returning in February 2021 with a bill to regulate kratom in South Dakota for individuals under 21. SD HB1262 was also sponsored by Rep. Kevin Jensen (R) and Sen. Al Novstrup (R).

The bill makes selling or distributing kratom to persons under 21 a class 2 misdemeanor. An amendment to SD HB1262 also made purchasing, attempting to purchase, possessing, and consuming kratom an offense for those under 21.

The legislation defines kratom as a substance containing mitragynine, mitragynine pseudoindoxyl, or 7-HMG. Only one of these indole alkaloids is needed for the law to apply.

In South Dakota, a class 2 misdemeanor is punishable by a $500 fine, up to 30 days imprisonment in a county jail, or both.

SD HB1262 comfortably passed in the House before unanimously passing in the Senate. Governor Kristi Noem signed the bill into law on March 3, 2021.

Do not confuse SD HB1262 for the Kratom Consumer Protection Act (KCPA). While a minimum age requirement is a common KCPA feature, the successful bill in South Dakota did not consist of any other KCPA regulations. Hence, kratom is still unregulated in the Mount Rushmore State.

More extensive kratom regulation is not currently on South Dakota’s legislative agenda. As of February 2023, no senators or House representatives have introduced a KCPA bill. But what would regulating kratom achieve in South Dakota?

• It would ban vendors from selling contaminated and dangerously adulterated kratom
• The KCPA would prohibit synthetic kratom products
• Manufacturers would provide directions for the safe and effective use of all kratom products
• Products would come with a third-party certificate of analysis (COA) with a purity and potency analysis

SD HB1262 showed that South Dakota legislators have kratom concerns. The KCPA would be an excellent way of easing those - the AKA and kratom users also support such regulations.

I am confident that South Dakota will keep kratom legal now that efforts to make it a controlled substance have receded. Furthermore, the kratom community showed its might when some lawmakers hoped to classify three kratom alkaloids as Schedule I drugs.

In addition, the 21 age requirement will hopefully pacify lawmakers pushing for prohibition. This legislation safeguards youngsters from kratom without affecting the rights of consumers. This seems a sensible compromise between users and anti-kratom lawmakers.

Federal law also matters when considering kratom's legal status in South Dakota. If the federal government wanted to ban it, South Dakota would almost inevitably follow suit.

However, kratom is at less risk now than in 2016, when the Drug Enforcement Administration (DEA) eyed making it a Schedule I substance. Following fierce resistance from the kratom community, the DEA walked back its prohibition agenda, hopefully for good.

Click here for an in-depth analysis of the federal government's thoughts on kratom.

You can buy kratom products from several retailers in South Dakota - but don't necessarily go for the first vendor you see. Since the state doesn't regulate kratom, it falls to you to check if a product is genuine.

Gas stations, convenience stores, and head shops might be the most common kratom vendors, but they are often the least trustworthy. I've lost count of how many times I've walked into such stores and seen untested kratom products from brands I have never heard of.

Look for stores specializing in kratom and other herbal substances. If you cannot find any in South Dakota, consider taking your search for premium-grade kratom online. Here you will find amazing quality products at surprisingly low prices, with the convenience of having them shipped to you.

But perhaps you would prefer to buy from a local business. Here are three brick-and-mortar kratom vendors in South Dakota. 

Cloud 9

1430 Haines Ave #106, Rapid City, SD 57701

GrassRoots

1575 N Lacrosse St, Rapid City, SD 57701

Five Leaf Clover

211 Main St, Colome, SD 57528

I hope that pragmatism has won the day in South Dakota. While still mostly unregulated, the state’s kratom industry is preferable to those without a minimum age requirement. Some will argue lawmakers should have gone for 18 instead of 21, but that is a minor debate.

However, kratom users in South Dakota should not take things for granted. With a few legislators seemingly unhappy that kratom is legal, it is important to push for the Kratom Consumer Protection Act.