Chapter 146

(House Bill 1262)

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.

Signed March 3, 2021