Signed by Governor Larry Rhoden

Vote Smart's Synopsis:

Vote to pass a bill that authorizes the sale and use of certain products that contain the drug kratom in South Dakota.

Highlights:

• Authorizes the sale and use of certain products that contain the drug kratom in South Dakota (Sec. 1-3).

• Defines “kratom” as any part of the leaf of the plant Mitragyna speciosa (Sec. 1).

• Specifies A violation of this section is a Class 2 misdemeanor.

• Prohibits the sale or distribution of a Kratom product that (Sec. 1-3):

• Contains a level of 7-hydroxy mitragynine in the alkaloid fraction that is greater  than two percent of the alkaloid composition of the product;

• Contains synthetic mitragynine, synthetic 7-hydroxy mitragynine, or any other synthetic alkaloid or synthetically derived compound from the Mitragyna speciosa plant;

• Contains a poisonous or otherwise deleterious non-kratom substance, including any substance designated as a controlled substance by this chapter;

• Is mixed or packed with a non-kratom substance that affects the quality or strength of the kratom product, rendering the product injurious to a customer;

• Does not include on its package or label the recommended serving size of the kratom product, a recommended number of servings that can be safely consumed in 24 hours, and a list of servings per container;

• Does not include on its package or label the amount of mitragynine and 7-hydroxy mitragynine contained in the kratom product; or

• Does not include on its package or label the following warning statement: "Consult a licensed, qualified healthcare professional before consuming this product. Not for use by women who are pregnant, nursing, or trying to become pregnant."

• Specifies a violation of this bill as a Class 2 misdemeanor and that these provisions shall take effect immediately upon passage and approval by the Governor (Sec. 3).

Full Bill Text