Is Kratom Legal in South Dakota?

Key Takeaways:

 

• Initially lawmakers tried to ban kratom, but the bill never passed. Then they put a strict age limit to control who can buy kratom.
• After a tragic incident where pregnant women who used synthetic kratom gave birth to babies needing critical care, South Dakota’s own KCPA was signed.
• Now there are strict regulations in place to oversee kratom quality and protect the public from dangerous adulterants.
• Lawmakers and the common citizens alike have unanimously supported the KCPA in South Dakota. It sets a precedent for safe kratom use across the US.

 

Kratom's legality is a complex issue across the United States. In South Dakota, kratom is legal (after years of back and forth). Thankfully, state lawmakers finally advocated for regulating kratom instead of banning it. So, you can find kratom here in every smoke shop. 

 

As the debate continues between advocates for personal freedom and officials concerned about public health, confusion naturally arises. This guide lays out what went down in South Dakota. Our experts have researched the current facts about kratom’s status in the Mount Rushmore State. Whether you’re a local or just passing through, it helps to know where things stand before making a purchase.

 

Journey of Legalizing Kratom in South Dakota

 

The path to regulation unfolded over several years. From failed bans and public health crises to eventual consensus. Here’s how things progressed:

 

• In 2020, South Dakota proposed a bill to classify kratom's alkaloids as Schedule I controlled substances. This would have made kratom illegal. The bill failed.
• In 2021, HB 1262 was signed into law. It legalized kratom in South Dakota but restricted sales to adults 21 and older. This age rule still stands.
• By 2025, Representative Brian Mulder introduced HB 1056. He cited specific incidents in Sioux Falls where pregnant women used synthetic kratom.
• Their newborns suffered dependency and required NICU care for withdrawal. Mulder argued a ban would fail because people would just buy online. He targeted adulterated products, not the natural plant.
• The bill received unanimous approval. It passed the House 66-0 and the Senate 35-0. Governor Larry Rhoden signed it on February 25, 2025. So, kratom is legal in South Dakota now.
• Dr. Katherine Wang testified about the need for patient education. And Terry Dosch warned of severe withdrawal from synthetic products.
• Today, South Dakota has no city or county kratom bans. The state law creates a single rule for all areas, from Sioux Falls to tribal lands.

 

South Dakota’s Current Kratom Laws

 

 

South Dakota residents aged twenty-one and older can legally purchase and possess kratom. But there are rules. The state's main governing law is House Bill 1056. It is South Dakota’s Kratom Consumer Protection Act (KCPA). This law exists for two reasons. It shields consumers from dangerous synthetically boosted products. And it preserves access to natural kratom for adults. The goal is safety.

 

Here’s what the law requires from sellers and consumers:

 

• Alkaloid Content: It limits the potent alkaloid 7-hydroxymitragynine (7-OH) to no more than 2% of a product's content. That's why any kratom you buy in South Dakota is less likely to cause severe side effects or extreme dependency. Manufacturers can’t sell you dangerously concentrated products.
• Synthetic Product: All synthetic kratom alkaloids are banned now. That includes any poisonous or controlled substances. This rule protects you from untested, lab-made chemicals that can have unpredictable side effects.
• Labeling: Kratom packages in South Dakota must clearly state the amounts of mitragynine and 7-hydroxymitragynine. They also need to warn against use by pregnant or nursing women. This helps you make an informed choice and dose correctly.
• Consumer Age: You must be 21 years of age or older to purchase kratom here. So teens and pre-teens can’t access it. All of this to make sure young adults whose brains are still developing don’t make the wrong choice when they don’t know any better.
• Penalties: Violating any of these rules is a Class 2 misdemeanor. A seller who offers you an unlabeled high-potency product is breaking the law and can be held accountable. Such strict kratom laws in South Dakota create a safer market for everyone.

 

Public and Citizen Perspectives 

 

Every U.S. state where kratom is legal today had their own reasons for legalizing it and enacting the KCPA. In South Dakota, the whole fiasco started with the pregnant women who took synthetic kratom, thinking it was the natural plant-derived product. And the lawmakers’ consciences finally stirred. This is evident in state representative Brian Mulder’s statement:

 

“This is an education for us, and this is an important bill.” Mulder highlighted the complexity of the issue, noting, “You may ask, why don’t we just ban kratom?...If the state were to ban the plant, nothing would stop consumers from buying online.”

 

He emphasized the problem in South Dakota isn’t traditional kratom but rather “additives and synthetically enhanced kratom that leave consumers with a lack of information concerning the products they are purchasing.” Naturally the need for stricter regulations and more transparent information arose. 

 

“It’s definitely something where we need to be more proactive in providing information to our patients so they can make more informed decisions,” said Dr. Katherine Wang of Neonatology and clinical vice president of Women’s and Children’s Health at Avera Health.

 

When the state puts citizens first and works for their welfare, the citizens respond positively. South Dakota’s kratom laws are a case in point. The lawmakers received overwhelming support from the public. They too wanted to use safe, all-natural kratom instead of the synthetic junk that was circulating in the market.

 

“I fully support HB 1056 and urge South Dakota’s Senate to advance the bill to the governor,” said a citizen. “HB 1056 would protect consumers and deter the proliferation of 7. For the sake of South Dakota’s kratom consumers, the bill should become law.”

 

All of this goes to show that kratom is legal in South Dakota for a reason. It would’ve been much easier to ban it. But that wouldn’t have stopped people from getting it through illegal means. And the reason people would go to such extremes is simple: kratom helps them. It not only solves a problem for them but, in doing so, makes their lives much easier. 

 

Kratom’s Future in South Dakota

 

South Dakota now stands among states that choose regulation instead of prohibition. It is the 14th state to put formal kratom quality control in place. The rules match the same structure used in states that follow Kratom Consumer Protection Act models.

 

We think South Dakota’s experiment should be closely watched. If the law successfully reduces hospital visits and harmful incidents without creating a black market, it could become a permanent model. As new synthetic drugs are discovered every day, the rules may need some fine-tuning over time. But South Dakota’s kratom laws are here to stay for sure.

 

Frequently Asked Questions Is South Dakota a no-tolerance state? Not really. Though there are some strict laws here relating to people below 21 using alcohol or other drugs, including kratom. The drug control in South Dakota is quite tight. But there are no full-on bans going on here. In which states is kratom illegal? Kratom is illegal in six US states. They are Alabama, Arkansas, Indiana, Louisiana, Vermont, and Wisconsin. How to legally buy kratom in South Dakota? If you are above 21 years of age, you can freely buy and use kratom in the state. Order kratom online from The Kratom Company for premium-quality natural products.