Yes, kratom is legal in South Dakota for anyone 21 or older. The state has not scheduled it as a controlled substance. Instead, two statutes set a minimum age for buyers and impose safety and labeling standards on the products themselves, and both carry misdemeanor penalties for violations.
Who Can Legally Buy and Possess Kratom
South Dakota law makes it illegal to sell or give a kratom product to anyone under 21. It is also unlawful for a person under 21 to buy, attempt to buy, possess, or consume kratom. The only exception is narrow: a parent or guardian may provide kratom to their own child under 21.1South Dakota Legislature. South Dakota Codified Laws 34-20B-115 – Kratom – Facilitating Under Age Use – Penalty
That threshold is higher than the 18-year cutoff some other states use. If you sell kratom, check ID the way you would for alcohol.
What a Legal Kratom Product Must Look Like
A separate statute governs what can be inside a kratom product sold in South Dakota. No one may prepare, sell, or distribute a kratom product that fails any of these requirements:2South Dakota Legislature. South Dakota Codified Law 34-20B-115.1 – Kratom – Prohibited Products – Labeling Required – Penalty
- 7-hydroxymitragynine cannot exceed 2% of the product’s total alkaloid composition.
- Products cannot contain synthetic mitragynine, synthetic 7-hydroxymitragynine, or any other synthetically derived compounds from the kratom plant.
- Products cannot contain poisonous non-kratom substances, including anything classified as a controlled substance, or be mixed with non-kratom ingredients that compromise quality or strength in a way that could harm the consumer.
- Labels must state the recommended serving size, the maximum number of servings safe to consume in 24 hours, and the total servings per container.
- Labels must state the amount of mitragynine and 7-hydroxymitragynine in the product.
- Every package must carry the statement: “Consult a licensed, qualified healthcare professional before consuming this product. Not for use by women who are pregnant, nursing, or trying to become pregnant.”
The statute does not require third-party lab testing. It prohibits selling non-compliant products but leaves testing protocols to the vendor and manufacturer. If you’re buying, look for brands that voluntarily publish independent lab results, because the law itself doesn’t guarantee every product on the shelf has been analyzed.
Penalties for Violations
Every violation under both kratom statutes is a Class 2 misdemeanor. That covers selling to a minor, underage possession, and any of the product safety or labeling failures.1South Dakota Legislature. South Dakota Codified Laws 34-20B-115 – Kratom – Facilitating Under Age Use – Penalty2South Dakota Legislature. South Dakota Codified Law 34-20B-115.1 – Kratom – Prohibited Products – Labeling Required – Penalty
A Class 2 misdemeanor in South Dakota carries a maximum of 30 days in county jail, a fine of up to $500, or both.3South Dakota Legislature. South Dakota Codified Laws 22-6-2 – Misdemeanor – Classification and Penalties Each individual offense counts separately. A vendor who sells an improperly labeled product to three customers could face three distinct charges, and a conviction still creates a criminal record that shows up on background checks.
Kratom and Driving
Legal status at the register does not protect you behind the wheel. South Dakota’s impaired driving law prohibits driving under the influence of “any other substance” to a degree that makes you incapable of safely operating a vehicle.4South Dakota Legislature. South Dakota Codified Law 32-23-1 – Driving Under the Influence
That language is broad enough to reach kratom. If an officer observes signs of impairment and blood testing reveals mitragynine, prosecutors can pursue a DUI charge. They still have to prove kratom actually impaired your driving, not just that it was present, but a legal purchase is not a defense.
Federal Status
Kratom is not a controlled substance under federal law. The DEA does not schedule it.5Drug Enforcement Administration. Kratom Drug Fact Sheet
The FDA takes a different position. It has warned consumers against using kratom, citing risks of liver toxicity, seizures, and substance use disorder, and considers kratom an adulterated dietary supplement and an unsafe food additive. Under federal rules, no kratom product is lawfully marketed as a drug, dietary supplement, or food ingredient.6U.S. Food and Drug Administration. FDA and Kratom The agency has also flagged past contamination with salmonella and heavy metals. In practice, the FDA’s position has not driven broad enforcement against retail sales in states where kratom is legal, but it does mean the product sits in a federal gray zone.
Traveling With Kratom
Because kratom is not federally scheduled, the TSA does not specifically prohibit carrying it through airport security. Powders in quantities over 12 ounces may draw additional screening on international flights arriving in the United States.7Transportation Security Administration. What Is the Policy on Powders? Are They Allowed?
The real risk is your destination. Several states ban kratom outright, and carrying it across one of those borders is a crime the moment you arrive. Check the law where you’re going before you pack.