Kratom Laws in South Dakota
How South Dakota law treats kratom, from the state code and official state agencies.
Short answer: Kratom is legal for adults in South Dakota but regulated. Selling or giving a kratom product to anyone under 21, or an under-21 buying, possessing or using one, is a Class 2 misdemeanor. SDCL 34-20B-1(13)-(14), 34-20B-115, 34-20B-115.1
| Kratom | Kratom is legal for adults in South Dakota but regulated. Selling or giving a kratom product to anyone under 21, or an under-21 buying, possessing or using one, is a Class 2 misdemeanor. It is also a Class 2 misdemeanor to sell kratom products with more than 2% 7-hydroxymitragynine in the alkaloid fraction, with synthetic kratom alkaloids or harmful additives, or without labels showing serving size, mitragynine and 7-hydroxymitragynine content and a health warning. Age limit and labeling rules amended or added by SL 2025, ch 138. Class C felony life; Class 2 felony up to 25 years; Class 5 felony up to 5 years; Class 6 felony up to 2 years and/or $4,000; Class 1 misdemeanor up to 1 year and/or $2,000; Class 2 misdemeanor up to 30 days and/or $500. |
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FAQ
Is kratom legal in South Dakota?
Kratom is legal for adults in South Dakota but regulated. Selling or giving a kratom product to anyone under 21, or an under-21 buying, possessing or using one, is a Class 2 misdemeanor. It is also a Class 2 misdemeanor to sell kratom products with more than 2% 7-hydroxymitragynine in the alkaloid fraction, with synthetic kratom alkaloids or harmful additives, or without labels showing serving size, mitragynine and 7-hydroxymitragynine content and a health warning.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.