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S.D. Codified Laws § 34-20B-115.1

Kratom--Prohibited products--Labeling required--Penalty

Known as the State Drugs and Substances Control Act

The act spans §§ 34-20B-1 to 34-20B-93 (101 sections).

Source: SL 2025, ch 138, § 3.

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 source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.