South Dakota § 34-20B-115.1 Kratom--Prohibited products--Labeling required--Penalty.

South Dakota Statutes

§ 34-20B-115.1 — Kratom--Prohibited products--Labeling required--Penalty.

South Dakota § 34-20B-115.1

Title 34PUBLIC HEALTH AND SAFETY

Ch. 34-20DRUGS AND SUBSTANCES CONTROL

This text of South Dakota § 34-20B-115.1 (Kratom--Prohibited products--Labeling required--Penalty.) is published on Counsel Stack Legal Research, covering South Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

S.D. Codified Laws § 34-20B-115.1 (2026).

Text

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

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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.