ban kratom and kratom products and to provide a penalty therefor.
This bill bans the sale, distribution, possession, and use of kratom and kratom products for all individuals, not just those under 21. It prohibits selling kratom products containing more than 2% 7-hydroxymitragynine, synthetic compounds, or harmful additives, and requires mandatory labeling with serving sizes, alkaloid content, and health warnings. Violations are classified as Class 2 misdemeanors, punishable by fines or jail time. The law directly affects consumers, retailers, and manufacturers of kratom products across South Dakota.
Bill status
passed
2 of 4 stages cleared
Introduction
Jan 2026
Committee Review
Jan 2026
Senate Failed
Jan 2026
Governor
Introduced Jan 13, 2026
Last action Jan 22, 2026
Floor votes · Senate Jan 22, 2026
How they voted
13–20
Failed · 2 other
Total votes 35
Jan 22, 2026
D
Democratic3
66% Nay
R
Republican32
56% Nay
Vote distribution
All Yea
All Nay
Mixed
No data
Full legislative history
Actions timeline
Total actions
4
Key actions
2
Committee
1
Jan 22, 2026
Upper · Passed
Placed on calendar pursuant to JR 6F-6 , Passed, YEAS 13, NAYS 20 S.J. 82
upper
Jan 21, 2026
Upper · Passed
Health and Human Services Report out of committee without recommendation , Passed, YEAS 7, NAYS 0 S.J. 4
upper
Jan 13, 2026
Introduced
First read in Senate and referred to Senate Health and Human Services S.J. 13
upper
10 primary · 0 co-sponsors
Sponsors
Ask Maddy
·
AI policy assistant
Ask Maddy about SB 77
Scope: SD
Hi! I can help you understand SB 77. What would you like to know?
Try one of these
i
Maddy answers using official bill text and legislative records. Always verify before sharing.
Sources cited inline