21.414.14 96th Legislative Session 765

2021 South Dakota Legislature

House Bill 1262


This bill has been extensively amended (hoghoused) and may no longer be

consistent with the original intention of the sponsor.

Introduced by: Representative Perry

An Act to regulate kratom for those under the age of twenty-one.

Be it enacted by the Legislature of the State of South Dakota:

Section 1. That a NEW SECTION be added:

34-20B-115. Kratom--Under age--Misdemeanor.

The following actions are unlawful:

(1) To knowingly sell or distribute kratom to a person under the age of twenty-one;

(2) The purchase or attempt to purchase, the receipt or attempt to receive, the possession, or the consumption of kratom by a person under the age of twenty-one; and

(3) To purchase kratom on behalf of, or to give kratom to, any person under the age of twenty-one, unless the purchaser is a parent or guardian of the person under the age of twenty-one.

Kratom, for the purposes of this section, is a substance that contains 7-hydroxymitragynine, Mitragynine, or Mitragynine pseudoindoxyl. A violation of this section is a Class 2 misdemeanor.

Catchlines are not law. (§ 2-16-13.1) Underscores indicate new language.

Overstrikes indicate deleted language.