PIERRE, S.D. — South Dakota lawmakers are proposing a statewide ban on kratom and most hemp-derived intoxicants, marking a significant shift in how the state regulates emerging substances.
One bill would make it illegal to sell, distribute, purchase, consume or possess kratom or kratom products. The proposal also bans products containing synthetic mitragynine or 7-hydroxymitragynine, the primary active compounds in kratom.
The measure, pre-filed ahead of the 2026 legislative session, would add a new section to state law making violations a Class 2 misdemeanor, punishable by up to 30 days in jail and a $500 fine.
Republican Sen. John Carley of Piedmont is the prime sponsor. Joining him as Senate co-sponsors are Republicans Lauren Nelson of Yankton and Carl Perry of Aberdeen. Carley and Nelson served on the Legislature’s Medical Marijuana Oversight Committee in 2025.
Kratom is made from the leaves of a tropical tree and is often crushed and smoked or consumed in teas, capsules or powders. It is legal at the federal level, but the U.S. Drug Enforcement Administration lists it as a drug of concern.
“At low doses, kratom produces stimulant effects with users reporting increased alertness, physical energy, and talkativeness. At high doses, users experience sedative effects. Kratom consumption can lead to addiction,” the DEA says in an overview of the substance.
South Dakota openly allowed kratom sales until 2021, when Perry sponsored a law banning sales to people under 21, except when it’s from a parent. That restriction was expanded in 2025 by Republican Rep. Brian Mulder and Republican Sen. Tamara Grove, with Perry as a co-sponsor.
Carley’s new proposal would go further by banning kratom for all ages statewide.
A separate bill from Carley would restrict hemp-derived intoxicants, including drinks and edibles, if they contain more than 0.4 milligrams of THC, unless sold to registered medical marijuana card-holders. Nelson and Perry are also co-sponsors of that bill.
The South Dakota Department of Health reports it had issued 17,673 medical cannabis cards as of Dec. 1, 2025.
The House sponsor of the hemp-intoxicant bill is Republican Rep. Josephine Garcia of Watertown, who chaired the Medical Marijuana Oversight Committee in 2025. Republican Rep. Les Heinemann of Flandreau is also a co-sponsor.
South Dakota legalized industrial hemp production in 2020, but banned smoking hemp. In September 2025, Attorney General Marty Jackley announced criminal indictments against five smoke shops for selling substances illegally. Since then, at least one of those businesses — Masterpiece Smoke Shop in Pierre — has closed. It was located two blocks from Georgia Morse Middle School and across from the Hughes County Courthouse.
Emily’s Hope founder Angela Kennecke, a former KELOLAND News anchor and reporter, has called for tighter regulation of vape and smoke shops. Mulder has said he plans to introduce legislation this session to create a statewide nicotine retailer licensing program.
Kennecke previously reported on kratom overdose deaths in South Dakota while working as an investigative reporter at KELOLAND News.
