SB 77 South Dakota Senate · 2026 Regular Session

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

1320
Failed · 2 other
Total votes 35
Jan 22, 2026
D Democratic3
2 Nay 1
66% Nay
R Republican32
13 Yea 18 Nay 1
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