ban kratom and kratom products and to provide a penalty therefor.
HB 1151 bans kratom and kratom products in South Dakota, making it a Class 2 misdemeanor to sell, distribute, purchase, consume, or possess them. It specifically prohibits sales or use by anyone under 21 (except by parents/guardians), and requires strict labeling for products that remain legal, including serving sizes, alkaloid content, and health warnings. The bill also prohibits products containing over 2% 7-hydroxymitragynine, synthetic compounds, or harmful additives. This directly affects consumers, businesses selling kratom, and retailers who must comply with new labeling rules.
Bill status
failed
2 of 4 stages cleared
Introduction
Jan 2026
Committee Review
Feb 2026
House Failed
Feb 2026
Governor
Introduced Jan 27, 2026
Last action Feb 17, 2026
Floor votes · House Feb 17, 2026
How they voted
27–39
Failed · 4 other
Total votes 70
Feb 17, 2026
D
Democratic5
100% Nay
R
Republican65
52% Nay
Vote distribution
All Yea
All Nay
Mixed
No data
Full legislative history
Actions timeline
Total actions
5
Key actions
1
Committee
1
Feb 17, 2026
Vote failed
House Vote: fail (27-39-4)
house
Feb 12, 2026
Lower · Passed
Health and Human Services Do Pass , Passed, YEAS 8, NAYS 4 H.J. 17
lower
Jan 27, 2026
Introduced
First read in House and referred to House Health and Human Services H.J. 148
lower
9 primary · 0 co-sponsors
Sponsors
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