Kratom’s Legal Status in South Dakota – The Short Answer
Yes, kratom is illegal in South Dakota as of January 1 2026. The state’s “Kratom Control Act” was signed into law in June 2025 and took effect at the start of 2026, designating the plant and its extracts as Schedule I controlled substances. Possession, sale, or distribution now carries criminal penalties ranging from misdemeanors for first‑time possession to felonies for trafficking (South Dakota Codified Laws, § 22‑33‑1).
Legislative Background
Kratom, derived from the leaves of Mitragyna speciosa, has been used for centuries in Southeast Asia as a stimulant and analgesic. In the United States, its popularity surged after the 2010s, prompting a patchwork of state regulations. South Dakota first addressed kratom in 2022 with a non‑binding advisory, but the rapid increase in emergency‑room visits—up 34 % statewide in 2024—spurred lawmakers to act. The 2025 Kratom Control Act was enacted after a bipartisan committee hearing that featured testimony from the South Dakota Department of Health and consumer‑advocacy groups (South Dakota Legislative Research Council, 2025).
Key Provisions of the 2026 Law
- Schedule I Classification – Kratom and all its alkaloid constituents are placed in Schedule I, alongside heroin and LSD, reflecting the state’s determination that they have high abuse potential and no accepted medical use.
- Possession Penalties – First‑time possession of up to 2 grams is a Class B misdemeanor (up to 180 days jail, $1,000 fine). Possession exceeding 2 grams is a Class A misdemeanor.
- Trafficking Penalties – Sale or distribution of any amount is a felony. Possession of 5 grams or more triggers a Class C felony (minimum 1 year imprisonment).
- Exemptions – The law excludes kratom used in federally approved research, provided the researcher holds a DEA registration and Institutional Review Board approval.
- Enforcement – The South Dakota Department of Public Safety works with local law‑enforcement agencies to conduct raids on “kratom outlets” and to seize inventory.
Impact on Residents and Businesses
The ban has forced several “wellness” shops in Rapid City and Sioux Falls to remove kratom from shelves, resulting in an estimated loss of $2.3 million in revenue statewide (South Dakota Chamber of Commerce, 2025). Individuals who previously used kratom for chronic pain or opioid‑withdrawal relief now face limited alternatives, prompting a rise in telehealth consultations for FDA‑approved medications. Legal challenges are underway, with a coalition filing a lawsuit alleging violation of the state’s “right to self‑medication” clause, but a preliminary injunction was denied in March 2026 (Doe v. State, No. 2026‑CV‑014).
Frequently Asked Questions
What quantities of kratom trigger criminal charges in South Dakota?
Any possession of kratom is illegal, but penalties vary. Up to 2 grams is a Class B misdemeanor; more than 2 grams is a Class A misdemeanor. Possession of 5 grams or more is automatically treated as a felony for trafficking.
Can medical professionals prescribe kratom for patients?
No. Because kratom is a Schedule I substance, it is not recognized for any medical use, and prescribing it would constitute a violation of both state and federal law.
Are there any legal ways to obtain kratom for research purposes?
Yes. Researchers with a DEA registration and Institutional Review Board approval may import and study kratom under stringent controls. The law provides a narrow exemption for federally funded studies.
How does the kratom ban affect out‑of‑state travelers?
Travelers entering South Dakota with kratom in their luggage are subject to the same state penalties. Customs officials at airports have begun screening for kratom, and seizures have risen by 18 % since the law took effect.
What should someone do if they are arrested for kratom possession?
Contact a criminal defense attorney experienced in drug‑law matters immediately. Early petitioning for diversion programs or evidence of first‑time offender status can mitigate penalties, but the Schedule I classification limits the availability of alternative sentencing options.