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Is Kratom Legal in South Dakota: The Future of Kratom in South Dakota

Yes, kratom is legal and unregulated in South Dakota. However, you must be at least 21 years old to get your hands on the herbal substance. Otherwise, you’d be liable for a misdemeanor offense.

Unfortunately, with kratom legal and unregulated in the state, it has opened doors to an influx of adulterated products in the market. This is why you should buy from a reputable vendor to minimize the risk of consuming low-quality or unsafe kratom.

In this post, we’ll walk you through the legal kratom landscape in South Dakota to help you explore the local kratom scene without fear.

Is Kratom Legal in South Dakota: Attempts to Ban Kratom in South Dakota

In 2020, Rep. Carl Perry sponsored a bill to add kratom to the state’s list of controlled substances. The bill didn’t explicitly list kratom. Instead, it aimed to criminalize three chemical compounds found in the herb:


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Representative Perry proposed the kratom ban bill because of several factors. The first reason is that the Food Drug Administration (FDA) and Drug Enforcement Administration (DEA) advised against the use of kratom. The FDA says the plant activates similar brain receptors as other questionable substances and, thus, may pose a risk for abuse, addiction, and dependence.

Secondly, there were several reported deaths linked to kratom overdose. If approved, the bill would have imposed a complete ban on kratom in South Dakota.

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Is Kratom Legal in South Dakota: Major Kratom Victory

The proposed bill banning kratom faced hot opposition. First, the American Kratom Association (AKA) sought to point out FDA’s misinformation. They presented scientific studies showing kratom’s natural origin and benign side effects. They also argued that the reported cases of kratom overdoses were not because of the natural herb but due to the presence of non-kratom adulterants in kratom products.

Kratom enthusiasts in South Dakota also made their voices heard. They sent hundreds of emails to Committee members detailing kratom’s wellness benefits. Ultimately, the House Committee on Commerce and Energy struck down the proposed legislation.

Unhindered by the setback, Rep. Perry introduced House Bill 1262. The bill prohibits the sale of kratom to those who are below 21 years of age. It passed through the entire legislative process. In the end, Governor Kristi Noem signed it into law on March 3, 2021. The age restriction was better than the alternative of an outright kratom ban.

Is Kratom Legal in South Dakota: The Future of Kratom in South Dakota

There’s no pending legislation to ban kratom in South Dakota. Meanwhile, more and more states continue adopting the Kratom Consumer Protection Act (KCPA). The KCPA helps to make the kratom marketplace safe.

Currently, seven states have already approved their own KCPA. They include Arizona, Georgia, Colorado, Nevada, Utah, Oregon, and Oklahoma.

That said, the Commerce and Energy Committee made a promise when they approved the age limit of 21 for kratom users. They pledged to work with the AKA to put in place the South Dakota Kratom Protection Consumer Act. Currently, there’s no pending KCPA bill in the House of Representatives or Senate. It remains a wait-and-see game at the moment.

The Top Kratom Vendors in South Dakota

South Dakota is a kratom-friendly state. As such, you can find the herb in many smoke shops, convenience stores, and specialty stores all over the state.

That said, here are three reputable vendors in South Dakota worth a visit.

image of common sense in south dakota

Common Sense

Address: 400 S 2nd Ave, Sioux Falls, SD 57104, United States

Website: commonsense605.com

This locally-owned smoke shop stocks tobacco, glass pieces, and kratom. Unlike most physical stores, the quality of kratom sold here is top-notch.

The store carries renowned brands, such as Earth Kratom and Remarkable Herbs. You can buy kratom in powder, capsule, and liquid form. And the best part is that the prices are reasonable, and their customer service is top-notch.

The Head Shop

Address: 1302 E Saint Patrick St Suite 104, Rapid City, SD 57701, United States

Website: theheadshoprc.com

Customers can’t stop raving about this top-notch headshop in Rapid City. The store has a wide collection of beautiful glass pieces rarely found elsewhere. They also have an entire section dedicated to CBD and kratom products.

Their kratom selection includes Red Bali, White Thai, Yellow Maeng Da, and Green Bali, available in different forms. The prices are quite affordable, and they often throw in discounts and free gifts to both first-time and regular patrons.

image of cloud 9 smoke shop in south dakota

Cloud 9

Address: 1430 Haines Ave #106, Rapid City, SD 57701, United States

Website: cloud-9-rapid-city.business.site

This smoke shop stocks pipes, water pipes, tobacco, and tobacco accessories. But that’s not all. They’re also the go-to place for CBD and kratom enthusiasts. Its kratom selection includes best-sellers like Green Malay, Red Bali, and Maeng Da, available in kratom powder, capsules, and extracts.

Best Way to Buy Kratom in South Dakota

Before buying kratom online or in-store, you must consider some important factors. These include product quality, price, and selection. When evaluating these aspects, purchasing kratom online stands out as the better option. Here is why:

  • Quality: Most online vendors specialize in kratom. As a result, they are more likely to pay attention to strict quality standards and subject their kratom products to third-party lab testing.
  • Affordability: Online stores source their kratom directly from farms and suppliers in Southeast Asia. They also don’t have high overhead costs and are, therefore, able to pass on the savings to their customers.
  • Wide Variety: Most online stores offer a wide selection of strains to suit different customer needs.

The Bottom Line

If you’re 21 or older, you can enjoy kratom in South Dakota. But you need to keep an eye out for any new legislation because things can shift quickly. In the meantime, be smart and stick to reliable kratom vendors for a safe shopping experience.

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Frequently Asked Questions

Can I travel with kratom in South Dakota?

Yes. There are no legal issues when it comes to transporting kratom within the state. So you can hit the road with kratom whenever you want.

Where can I find kratom in South Dakota?

You’ll find the herb in smoke shops, convenience stores, and herbal stores across the state. Plenty of online retailers can also ship kratom right to your doorstep in South Dakota.

How can I stay in the know about kratom laws in South Dakota?

To stay informed on kratom legality in South Dakota, you can:

  • Follow updates from the American Kratom Association.
  • Check for news and legislative updates on official state government websites. You can also seek guidance from a legal professional.

Will kratom remain legal in South Dakota?

There is no pending legislation seeking to ban kratom in South Dakota. Chances are that the state may adopt the KCPA to regulate kratom.

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