In 2026, Senate Bill 77 and House Bill 1151 – proposed full bans classifying kratom as a Class 2 misdemeanor – failed to pass. Kratom remains unregulated in gas stations and vape shops across the state. The next session starts now – with you.
Two bills were introduced in the 2026 session to ban kratom: Senate Bill 77 and House Bill 1151. Both would have classified kratom and its products as a Class 2 misdemeanor, effectively prohibiting possession and sale. However, neither bill passed. That means kratom products – powders, capsules, extracts, shots – remain legally available in gas stations, vape shops, and online retailers across South Dakota. Meanwhile, the FDA warns that kratom has no approved medical use and is not safe as a dietary supplement. Other states have seen hospitalizations, poisonings, and deaths rise sharply.
Your job right now: Build a coalition. Document retail sales. Educate lawmakers. Recruit medical, pharmacy, and law enforcement voices. The next session starts long before the first hearing is gaveled.
Below are key South Dakota groups that can influence future kratom policy. For each category, we explain why they matter and what to ask when you reach out. Use the contact links to start the conversation.
Why they matter: No field test means no enforcement. Law enforcement can explain to legislators why any synthetic‑only or potency‑based bill is impossible to police. Their voice is critical for a full ban.
What to ask: “Will you support a full ban on all kratom products? Can you testify that the absence of a field test makes any regulatory bill unenforceable?”
Why they matter: The Department of Health, Behavioral Health Services, and the Poison Center track substance use, poisoning data, and treatment needs. Their analysis can quantify the burden of kratom and support a ban.
What to ask: “Will you collect and share data on kratom-related emergency visits or poisonings? Will you support a legislative ban?”
Why they matter: Pharmacists, the Board of Pharmacy, and pharmacy schools have direct knowledge of product safety, contamination risks, and the limitations of self‑regulation. They can advocate for a complete ban.
What to ask: “Will your organization issue a public statement supporting a full statewide ban on kratom? Will you provide data on adverse events or poisoning calls?”
Why they matter: Physicians, pediatricians, nurses, and addiction specialists see kratom’s harms firsthand. Their public statements carry significant weight with legislators.
What to ask: “Will your organization issue a public statement supporting a full statewide ban on kratom? Will you share data on kratom‑related ER visits or poisonings?”
Why they matter: These providers see the real‑world consequences of kratom dependence – withdrawal, failed treatment attempts, and relapse. Their testimony can illustrate the addictive nature of kratom.
What to ask: “Will you support a statewide ban and provide testimony or written comments about the burden of kratom addiction on your programs?”
While no bill is active now, you can still reach out to state representatives and senators to plant the seed for a full ban. Use the template below to educate them about the dangers and the failure of half‑measures.
Senate Bill 77 and House Bill 1151 failed – but that doesn't mean we give up. The next session is the next opportunity.
Are you a healthcare professional, parent, educator, addiction specialist, law enforcement officer, or community advocate in South Dakota? Help build the coalition for a full ban.