Is Kratom Legal in South Dakota?

Kratom is illegal in South Dakota as of 2026. Kratom is classified as a Schedule I controlled substance under South Dakota Codified Laws § 34-20B-2. Possession, sale, and distribution of kratom are prohibited in South Dakota.

Kratom is ILLEGAL in South Dakota

Kratom is currently illegal in South Dakota. Possession or sale may result in penalties.

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Kratom Laws in South Dakota: Quick Facts

  • 1 Legal Status: Kratom is currently illegal in South Dakota.
  • 2 Possession: Illegal to possess any amount of kratom.
  • 3 Sale: Illegal to sell, distribute, or manufacture kratom.
  • 4 Age Restriction: N/A
  • 5 Penalties: Possession or sale can result in felony charges with penalties including imprisonment and fines under SDCL § 22-42-5.

Detailed Legal Breakdown

Possession Illegal to possess any amount of kratom.
Sale Illegal to sell, distribute, or manufacture kratom.
Age Restriction N/A
Penalties Possession or sale can result in felony charges with penalties including imprisonment and fines under SDCL § 22-42-5.
Pending Legislation None known

How Does South Dakota Compare?

Across all 50 states, Kratom is fully legal in 38 states, legal with restrictions in 7 states, and illegal in 5 states. South Dakota is among the 5 states where it is illegal.

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Editorial Standards

This page was researched and written by the editorial team at IsThisLegalInMyState.com. All legal information is sourced directly from official state statutes, regulatory agency publications, and legislative databases. Our team reviews each page for accuracy and updates it when laws change.

Last verified: 2026-01-15 Sources cited below Updated when laws change

Source

Citation: South Dakota Codified Laws

https://sdlegislature.gov/Statutes/Codified_Laws/DisplayStatute.aspx?Type=Statute&Statute=34-20B-2

Last verified: 2026-01-15

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