South DakotaHB 1056100th South Dakota Legislature (2025)House

prohibit the preparation, sale, and distribution of certain kratom products and to provide a penalty therefor.

Sponsored By: Mulder, Brian (Republican)

Signed by Governor

Controlled SubstancesCrimesPenaltyPublic Health and Safety

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Bill Overview

Analyzed Economic Effects

2 provisions identified: 0 benefits, 1 costs, 1 mixed.

Kratom access restricted for people under 21

South Dakota bans people under 21 from buying, receiving, possessing, or consuming kratom products. Sellers and distributors cannot knowingly sell or distribute these products to anyone under 21. Others cannot buy kratom for, or give it to, someone under 21. Parents and guardians are exempt from that last rule, but the restrictions on people under 21 still apply. Violations are Class 2 misdemeanors.

Kratom buyers get safeguards, sellers face penalties

South Dakota bans preparing, selling, or distributing kratom products that fail its content or labeling rules. These products are foods or dietary ingredients containing kratom. They cannot contain more than 2% 7-hydroxymitragynine in their alkaloid content. Synthetic mitragynine, synthetic 7-hydroxymitragynine, other synthetic kratom alkaloids or derivatives, and harmful non-kratom ingredients are banned. This includes controlled substances and mixtures that change quality or strength and make products harmful. Labels must list serving size, recommended safe servings in 24 hours, servings per container, and amounts of mitragynine and 7-hydroxymitragynine. They must state: “Consult a licensed, qualified healthcare professional before consuming this product. Not for use by women who are pregnant, nursing, or trying to become pregnant.” Violations are Class 2 misdemeanors.

Sponsors & Cosponsors

Sponsor

Mulder, Brian
Republican • House

Cosponsors

Andera, Bobbi L.
Republican • House
Emery, Eric
Democratic • House
Fitzgerald, Mary J.
Republican • House
Greenfield, Lana J.
Republican • House
Grove, Tamara R.
Republican • Senate
Heermann, Mellissa
Republican • House
Ismay, Travis
Republican • House
Jensen, Kevin D.
Republican • Senate
Kassin, Chris
Republican • House
Kull, David
Republican • House
Larson, Liz
Democratic • Senate
Moore, Scott
Republican • House
Perry, Carl
Republican • Senate
Pourier, Peri
Republican • House
Schaefbauer, Brandei
Republican • House
Weems, Keri K.
Republican • House

Roll Call Votes

All Roll Calls

Yes: 119 • No: 0

Senate vote • 2/13/2025

Do Pass Amended

Yes: 35 • No: 0

Senate vote • 2/12/2025

Do Pass

Yes: 6 • No: 0

House vote • 1/22/2025

Do Pass Amended

Yes: 66 • No: 0

House vote • 1/21/2025

Do Pass

Yes: 12 • No: 0

Actions Timeline

Signed by the Governor
2/25/2025House
Delivered to the Governor
2/20/2025House
Signed by the President
2/19/2025Senate
Signed by the Speaker
2/18/2025House
Senate Do Pass Amended, Passed, YEAS 35, NAYS 0
2/13/2025Senate
Certified uncontested, placed on consent
2/12/2025Senate
Senate Health and Human Services Do Pass, Passed, YEAS 6, NAYS 0
2/12/2025Senate
Scheduled for hearing
2/12/2025Senate
Referred to Senate Health and Human Services
2/3/2025Senate
First Reading Senate
1/23/2025Senate
House of Representatives Do Pass Amended, Passed, YEAS 66, NAYS 0
1/22/2025House
House of Representatives Motion to amend, Passed
1/22/2025House
House Health and Human Services Do Pass, Passed, YEAS 12, NAYS 0
1/21/2025House
Scheduled for hearing
1/21/2025House
First read in House and referred to House Health and Human Services
1/16/2025House

Bill Text

Introduced
1/15/2025
PDF

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