South Dakota legislation · 101st Legislature (2026)
South Dakota SB77: ban kratom and kratom products and to provide a penalty therefor.
Status: In committee, January 22, 2026
What the bill says
An Act to ban kratom and kratom products and to provide a penalty therefor.
From the introduced text, January 9, 2026:
An Act to ban kratom and kratom products and to provide a penalty therefor. Be it enacted by the Legislature of the State of South Dakota: Section 1. That a NEW SECTION be added to chapter 34-20B: [ADDED: A person who sells, distributes, purchases, consumes, or possesses kratom, a kratom product, or a product containing synthetic mitragynine or 7-hydroxymitragynine, is guilty of a Class 2 misdemeanor.] Section 2. That § 34-20B-115 be REPEALED. [DELETED: Any of the following actions are unlawful:] [DELETED: (1) To knowingly sell or distribute a kratom product to a person under the age of twenty-one;] [DELETED: (2) The purchase or attempt to purchase, the receipt or attempt to receive, the possession, or the consumption of a kratom product by a person under the age of twenty-one; or] [DELETED: (3) To purchase a kratom product on behalf of, or to give a kratom product to, any person under the age of twenty-one, unless the purchaser is a parent or guardian of the person under the age of twenty-one.] [DELETED: A violation of this section is a Class 2 misdemeanor.] Section 3. That § 34-20B-115.1 be REPEALED. [DELETED: No person may prepare, sell, or distribute a kratom product that:] [DELETED: (1) Contains a level of 7-hydroxymitragynine in the alkaloid fraction that is greater than two percent of the …
Sponsors
- John Carley (R, SD-029) · primary sponsor
- Travis Ismay (R, HD-028) · primary sponsor
- Mary Fitzgerald (R, HD-031)
- Josephine Garcia (R, HD-005)
- Leslie Heinemann (R, HD-025)
- Kevin Jensen (R, SD-016)
- Scott Moore (R, HD-023)
- Lauren Nelson (R, SD-018)
- Carl Perry (R, 03)
- Brandei Schaefbauer (R, HD-003)
Latest actions
- : Placed on calendar pursuant to JR 6F-6
- : Report out of committee without recommendation
- : Scheduled for hearing
- : First read in Senate and referred to Health and Human Services
Votes
- Placed on calendar pursuant to JR 6F-6 (January 22, 2026): 13 yea, 20 nay, failed
- Report out of committee without recommendation (January 21, 2026): 7 yea, 0 nay, passed
Subjects: Penalty, Public Health and Safety, Controlled Substances
Common questions
- What is SB77?
- SB77 is a bill in the South Dakota Legislature (101st Legislature (2026)): ban kratom and kratom products and to provide a penalty therefor.
- What does SB77 do?
- In its own words: An Act to ban kratom and kratom products and to provide a penalty therefor.
- What is the status of SB77?
- In committee as of January 22, 2026. Latest action: Placed on calendar pursuant to JR 6F-6 (January 22, 2026).
- Who sponsored SB77?
- John Carley (R, SD-029), with 9 co-sponsors.
- Where is the official record for SB77?
- On the South Dakota Legislature website: https://sdlegislature.gov/Session/Bill/26668
Source: official South Dakota record. Tracked by Delilah, AI for legislation across all 50 states and Congress.