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How to buy wholesale kratom

Is Kratom Legal in South Dakota?

Yes. Kratom is legal in South Dakota for adults 21 and over under SDCL 34-20B-115 and 34-20B-115.1, as updated by HB 1056 in 2025. Products may not hold 7-OH above 2% of the alkaloid composition or any synthetic alkaloid, and the package must list serving and alkaloid information plus a set health warning. Two 2026 bills to ban kratom outright both failed.

Last verified . General information, not legal advice.

What changed recently

  1. SL 2021 ch. 146 created SDCL 34-20B-115, the state's original kratom age law.
  2. The Governor signed HB 1056 (SL 2025 ch. 138), which set the current under-21 rules, the 2% 7-OH cap, the synthetic ban and label rules. Its effective date was not confirmed.
  3. SB 77, a full kratom ban, died after a Senate motion to place it on the calendar failed 13-20.
  4. SL 2026 ch. 147 amended the definitions section, SDCL 34-20B-1. The kratom definitions appear unchanged.
  5. HB 1151, a second full ban, failed on the House floor 27-39 after clearing committee 8-4 on February 12.
  6. Federal: a DEA temporary Schedule I order for mitragynine pseudoindoxyl, MGM-15 and MGM-16 took effect, per news reports.

The South Dakota rules in detail

Age 21 applies on both sides of the counter

It is unlawful to knowingly sell or distribute a kratom product to anyone under 21. It is also unlawful for someone under 21 to buy, try to buy, receive, possess or consume kratom, and for anyone to buy kratom for or give it to an under-21. A parent or guardian is the only exception to that last rule.

7-OH cap and banned ingredients

No one may prepare, sell or distribute a kratom product in which 7-OH exceeds 2% of the alkaloid composition. Also barred:

  • Synthetic alkaloids, including synthetic mitragynine and synthetic 7-OH, and other synthetically derived kratom compounds.
  • Poisonous or harmful non-kratom substances, including controlled substances.
  • Products mixed with non-kratom substances that affect quality or strength in a way that could injure a consumer.

The statute sets no mitragynine cap and no residual-solvent rule. It does not say whether semi-synthetic or converted 7-OH counts as synthetic, and no state guidance was found, so treat concentrates with caution.

What the package must say

The package or label must state the recommended serving size, the recommended servings per 24 hours, servings per container, and the amounts of mitragynine and 7-OH. It must also carry a health warning that begins “Consult a licensed, qualified healthcare professional before consuming this product.” and includes “Not for use by women who are pregnant, nursing, or trying to become pregnant.” Copy the full warning word for word from SDCL 34-20B-115.1.

No license or testing rule

South Dakota has no state kratom license or vendor registration, and the statutes have no testing or lab accreditation rule. You still need a lab result for each lot to state alkaloid amounts and to show 7-OH is at or under 2%. See how to read a kratom lab report.

Ban attempts in 2026

Two 2026 bills would have banned the sale, purchase, possession and use of kratom and repealed the current statutes. SB 77 died in the Senate in January, and HB 1151 failed in the House in February. The 2027 session starts in January 2027, and no one has confirmed whether a new ban or 7-OH bill will be filed.

Local rules inside South Dakota

We did not confirm any city or county kratom ordinances in South Dakota. That is not the same as there being none, so check the municipal and county code for every ship-to address.

Enforcement and penalties

There is no designated regulatory agency. Local police and county state’s attorneys enforce the statutes as crimes. Age violations and product violations are each a Class 2 misdemeanor, which carries up to 30 days in county jail, a $500 fine, or both under SDCL 22-6-2.

The Attorney General has run undercover smoke-shop operations. The September 2025 indictments from that work concerned hemp and intoxicant charges, not kratom specifically.

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 Dakota

  1. Verify every buyer is 21 or older, and do not sell to anyone buying for an under-21.
  2. Get a lab result for each lot showing 7-OH at or under 2% of the alkaloid composition.
  3. Confirm the product has no synthetic alkaloids and no added non-kratom substances.
  4. Print serving size, servings per 24 hours, servings per container, and mitragynine and 7-OH amounts on every package.
  5. Copy the required health warning word for word from SDCL 34-20B-115.1.
  6. Get counsel before carrying semi-synthetic or concentrated 7-OH products.
  7. Watch the January 2027 session for a renewed ban bill.

Tell us your products, quantities and ship-to state and we will review the South Dakota rules against your order before we quote.

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South Dakota kratom law FAQ

Is kratom legal in South Dakota?

Yes, for adults 21 and over. State law caps 7-OH at 2% of the alkaloid composition, bans synthetic alkaloids and sets label rules.

What is the minimum age to buy kratom in South Dakota?

21. People under 21 may not buy, possess or consume kratom, and sellers may not sell to them.

What is South Dakota's 7-OH limit?

7-OH may not exceed 2% of the product's alkaloid composition. Synthetic 7-OH is banned at any level.

Do I need a license or lab testing to sell kratom in South Dakota?

No state license or testing rule exists. Lab results are still the practical way to support the alkaloid amounts the label must show.

Did South Dakota ban kratom in 2026?

No. SB 77 and HB 1151 would have banned it, and both failed.

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.

What we have not confirmed yet
  • The exact effective date of HB 1056. It is likely July 1, 2025, but that was not confirmed.
  • What SL 2026 ch. 147 changed in SDCL 34-20B-1 and whether it touches kratom or analogs.
  • The full word-for-word health warning required by s. 34-20B-115.1.
  • Whether the synthetic ban covers semi-synthetic or converted 7-OH concentrates.
  • Whether any city or county has a kratom ordinance. None were found in Sioux Falls, Rapid City or Aberdeen.
  • Whether a ban or 7-OH bill will be filed for the 2027 session.

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.

These statements have not been evaluated by the Food and Drug Administration. These products are not intended to diagnose, treat, cure, or prevent any disease. Sold to businesses and adults 21 and over only. We do not ship to states or localities where sale is prohibited.