Kratom laws in South Dakota

We track 2 South Dakota rules on kratom and 7-OH products; 1 is a ban.

South Dakota

21+Kratom products may be sold into South Dakota only to buyers 21 or older.

Exact text

Any of the following actions are unlawful:
(1) To knowingly sell or distribute a kratom product to a person under the age of twenty-one;
(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
(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.
A violation of this section is a Class 2 misdemeanor.

BannedDo not ship kratom products with 7-OH above 2% of the alkaloid fraction or any synthetic mitragynine/7-OH to South Dakota.

SDCL 34-20B-115.1 · draft

Exact 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;

Federal

Applies in every state.

BannedMitragynine pseudoindoxyl ("MP", "pseudo") and the 7-OH derivatives MGM-15/MGM-16 are temporarily Schedule I nationwide; don't sell or ship products containing them anywhere in the US.

21 CFR 1308.11(h)(89)-(91) (DEA temporary scheduling order, 91 FR 54948, Aug. 26, 2026) · draft

Exact text

(89) Methyl (E)-2-((1'S,6'S,7'S)-6'-ethyl-4-methoxy-3-oxo- 9672
3',5',6',7',8',8a'-hexahydro-2'H-spiro[indoline-2,1'-
indolizine]-7'-yl)-3-methoxyacrylate (commonly known as
mitragynine pseudoindoxyl) including its isomers, esters,
...
(90) Methyl (E)-2-((2S,3S,7aS,12aR,12bS)-3-ethyl-7a-hydroxy-8- 9673
...
15; also known as dihydro-7-hydroxymitragynine) including its
...
(91) Methyl (E)-2-((2S,3S,7aS,12aR,12bS)-3-ethyl-9-fluoro-7a- 9674
...
(commonly known as MGM-16; also known as 9-fluoro-dihydro-7-
hydroxymitragynine; or 10-fluoro-dihydro-7-hydroxymitragynine

BannedConcentrated 7-OH products (more than 1 mg 7-OH per gram/mL, or 7-OH more than 1% of the mitragynine content) are about to become federal Schedule I nationwide (DEA order expected on or after Nov. 13, 2026), and FDA already says 7-OH can't lawfully be sold as a supplement or food; don't sell 7-OH tablets or shots.

DEA notice of intent, 91 FR 65370 (Oct. 14, 2026), proposed 21 CFR 1308.11(h)(96)-(97) · draft

Exact text

The substances [7-hydroxymitragynine] and [mitragynine
pseudoindoxyl] be controlled in schedule I [pursuant to 21 U.S.C.
811(h)] when either substance alone, or their combined amount if both
present, is:
(A) Above a specified threshold concentration, that is, greater
than 1 mg per gram (for solid powders, encapsulated material, or other
solid forms) or greater than 1 mg per milliliter (for liquid
preparations), OR
(B) The mass of mitragynine present divided by the mass of [7-
hydroxymitragynine], or [mitragynine pseudoindoxyl], or the combined
amount of [7-hydroxymitragynine] and [mitragynine pseudoindoxyl] if
both present, is less than 100.
...
The temporary scheduling order will be published in the Federal
Register on or after November 13, 2026.