Yes. Kratom is legal in South Carolina under the Kratom Consumer Protection Act (Act No. 35 of 2025), in force since July 11, 2025. Processors and retailers may not sell to anyone under 21, may not sell fully synthetic alkaloids or adulterated products, and must label mitragynine and 7-OH content. There is no state license and no numeric 7-OH cap, but a 2026 bill to put kratom compounds in Schedule I passed the House before stalling in the Senate.
Last verified . General information, not legal advice.
What changed recently
- The General Assembly ratified S.221 as R.53.
- Gov. McMaster signed S.221, the Kratom Consumer Protection Act, as Act No. 35 of 2025.
- Act No. 35 took effect, sixty days after signing.
- H.4648 was introduced to amend s. 44-53-2020. No further action was found.
- Kershaw County Council unanimously passed an ordinance limiting kratom sales to 21 and over and setting display rules.
- The House passed H.4641, 98-4. It would place mitragynine, 7-OH and kratom-equivalent compounds in Schedule I.
- News outlets reported that senators would not advance H.4641 in 2026 and would study the issue instead.
- Federal: a DEA temporary Schedule I order for mitragynine pseudoindoxyl, MGM-15 and MGM-16 took effect, per news reports.
The South Carolina rules in detail
Who the law covers and the age limit
The Act applies to kratom processors, meaning anyone who prepares, manufactures, distributes or maintains kratom products, and to retailers who sell or advertise them. Neither may distribute, dispense or sell kratom to anyone under 21. Retailers also may not display or store kratom where under-21s can reach it.
What a product may not contain
A processor or retailer may not sell a kratom product that is:
- Adulterated with a dangerous non-kratom substance.
- Made with a poisonous or harmful non-kratom ingredient, including anything on South Carolina Schedules I through V.
- Made with a fully synthetic alkaloid, such as fully synthetic mitragynine or fully synthetic 7-OH.
- Above USP-NF Chapter 467 limits for residual solvents.
The Act sets no numeric cap on 7-OH, mitragynine or total alkaloids. News reports say a 2% 7-OH cap was removed before passage. Because the ban reaches only fully synthetic alkaloids, semi-synthetic or converted 7-OH is not expressly banned. No agency guidance confirms how it is treated, so get counsel before selling any 7-OH product.
Label requirements
Each product must be clearly labeled with its ingredients, the amount of mitragynine and 7-OH, serving size and servings per container. It must also carry the vendor’s name and principal street address, precautionary statements, a statement that it is not intended to diagnose, treat, cure or prevent any disease, and a statement that sale or transfer to anyone under 21 is prohibited.
The exact wording of the precautionary statements was not confirmed from the codified text. Check the Code before you finalize artwork.
No license, no testing mandate
The Act creates no state kratom license, registration or permit. It also has no pre-market or routine lab testing rule. Printing accurate mitragynine and 7-OH amounts and showing solvent compliance still requires a lab report for each lot. Our guide to reading a kratom lab report explains what to check.
The 2026 Schedule I bill
H.4641 would add a new subsection to the Schedule I list in s. 44-53-190 covering any compound substantially chemically equivalent or identical to kratom, including mitragynine and 7-OH. It passed the House 98-4 on April 30, 2026, and went to Senate Medical Affairs. Senators said it would not move in 2026. The 126th General Assembly ends in 2026, and new bills can be prefiled in December 2026 for the January 2027 session.
Local rules inside South Carolina
State law is not the whole picture. Cities and counties can add their own rules, and some already have.
- Kershaw County. An ordinance passed February 10, 2026 limits kratom and nitrous oxide sales to buyers 21 and over. Product must be behind the counter, in a locked case, or in an area closed to minors. News reports say it took effect immediately and list vendor penalties, but we did not review the ordinance text. It is not confirmed whether it applies inside towns in the county.
Enforcement and penalties
Retailers that violate the age, product or label sections face a civil penalty of not more than $1,000 for a first offense and not more than $2,000 for later offenses (s. 44-53-2040). The penalty section does not name processors or say which agency imposes the fine. The Act defines the Department as the Department of Public Health but does not expressly assign it enforcement. Confirm exposure with South Carolina counsel.
Federal context
Federal rules sit on top of state law. As of the sources we reviewed on October 18, 2026, DEA had temporarily scheduled mitragynine pseudoindoxyl, MGM-15 and MGM-16 (effective August 26, 2026). On October 14, 2026 it published a notice of intent to temporarily schedule 7-OH and mitragynine pseudoindoxyl above a threshold (more than 1 mg per gram or per mL, or less than 100 times as much mitragynine as 7-OH); that order cannot take effect before about November 13, 2026. DEA has said its action does not override stricter state law. Check the Federal Register for anything newer, and see our overview of kratom laws for sellers for the federal background.
Wholesale buyer checklist for South Carolina
- Gate every sale at 21 and over, and keep product out of reach of anyone younger.
- Get lot-level lab results for mitragynine, 7-OH and residual solvents.
- Confirm in writing from your supplier that no alkaloid is fully synthetic.
- Get South Carolina counsel to review any semi-synthetic or enhanced 7-OH product before you list it.
- Put every required label element on the package, including the under-21 statement and the vendor's street address.
- Follow Kershaw County's behind-the-counter or locked-case rule for retail accounts there.
- Watch for prefiled Schedule I bills in December 2026 and the January 2027 session.
Tell us your products, quantities and ship-to state and we will review the South Carolina rules against your order before we quote.
South Carolina kratom law FAQ
Is kratom legal in South Carolina?
Yes. The Kratom Consumer Protection Act, in force since July 11, 2025, allows sales to adults 21 and over and bans fully synthetic alkaloids and adulterated products.
What is the minimum age to buy kratom in South Carolina?
21. Retailers also may not display or store kratom where anyone under 21 can get to it.
Does South Carolina cap 7-OH?
No numeric cap was found in the Act. Fully synthetic 7-OH is banned, and the 7-OH amount must appear on the label.
Do I need a license to sell kratom in South Carolina?
No. The Act creates no license, registration or permit, and no testing mandate.
Are there local kratom rules in South Carolina?
Yes. Kershaw County passed an ordinance in February 2026 with a 21-and-over rule and display limits. No other local ordinances were confirmed.
Could South Carolina ban kratom?
H.4641, which would put kratom compounds in Schedule I, passed the House in April 2026 but stalled in the Senate. A similar bill could return in the 2027 session.
How we verified this page
We checked the sources below on October 18, 2026. Where a primary source (a statute, bill text or agency release) was available we relied on it, and we say so when a detail comes from news coverage or a secondary summary.
- S.221 bill history and summary (SC General Assembly)
- S.221 as amended by the House, 5/6/2025 (version concurred)
- H.4641 bill page (SC General Assembly)
- S.C. Code Title 44 Chapter 53
- Live 5 News: kratom ban bill stalls in Senate (May 11, 2026)
- WIS: Kershaw County ordinance (February 10, 2026)
What we have not confirmed yet
- Whether H.4641, H.4636 and H.4648 are formally dead after the 2026 session adjourned.
- The codified text of ss. 44-53-2010 to -2040. This page relies on the bill version the Senate concurred in.
- The exact wording of the required precautionary statements.
- Whether semi-synthetic or converted 7-OH is legal under the fully synthetic ban.
- Whether the Department of Public Health has issued kratom rules or scheduled 7-OH by rule. None were found.
- Which agency imposes and collects the s. 44-53-2040 civil penalties.
- The scope and text of the Kershaw County ordinance, and whether other counties or cities have acted.
Related state pages and guides
- Kratom laws in North Carolina: Legal, no state kratom law
- Kratom laws in Georgia: Legal, regulated
- Kratom laws in Tennessee: Banned
- All kratom laws by state
- Kratom laws for sellers: state and local rules
- Shipping and returns
- Wholesale kratom FAQ
This page is general information, not legal advice. Laws change often and vary by city and county. Confirm the current rules with qualified counsel before you sell or ship, and recheck on a schedule.