Kratom Legality: Is Kratom Legal in South Dakota in 2023?

The state of South Dakota is the 17^th largest in the United States, yet the 46^th state when ranked by population.

The state has vast amounts of land and houses six national parks as well as nine state parks. One of them, the Black Hills National Forest is where you can find Mount Rushmore, a large sculpture of four former US presidents carved in the face of the mountain. Each of the presidents, Washington, Jefferson, Lincoln, and Roosevelt, represents a stage in the development of America, which are its birth, growth, preservation, and development respectively.

Mount Rushmore attracts over two million tourists each year and originally planned to display the presidents from head to waist. However, the nation limited the allocated budget after the sculptor’s death.

It’s not all that South Dakota has to offer though. Mount Rushmore State is a leading producer of gold. It also has the longest operating gold mine in the nation, The Homestake Mine. The mine is no longer operating and serves as a museum. However, it used to be the largest mine in the country until it closed down in 2002.

But how about kratom? What’s the policy of The Rushmore State towards the beneficial herb?

Is Kratom Legal in South Dakota?

Yes, kratom is legal in South Dakota for individuals over the age of 21. Nonetheless, there was a bill in 2020 that aimed to ban the herb. Luckily, it failed. 

Up until 2020, there has no legislation targeting kratom in South Dakota. However, Representative Carl Perry sponsored a bill in January 2020, that intended to make primary kratom alkaloids Schedule I drugs in the entire state.

South Dakota kratom community pointed out that the bill was introduced and pushed forward quietly without the public and kratom vendors knowing about it. They also stated that such action made no sense since methamphetamine is a Schedule II drug in South Dakota. Making kratom Schedule I would imply that it’s more dangerous than methamphetamine when the opposite is true and it’s a complete misrepresentation of the herb.

Luckily the bill did not succeed. It died in chamber. Residents did what they could to keep kratom legal in South Dakota. The bill itself has over a hundred comments and testimonials from people who have benefitted from kratom.

Legislation to Regulate Kratom in 2021

While this effort failed, Representative Carl Perry did not give up and introduced another bill a year later in the same quiet manner. This time, however, he did not propose banning the herb. Instead, he suggested restricting its access to those who are under the age of 21. The bill successfully passed on March 3, 2021.

When reporting the possible new restriction, the media cited three deaths in South Dakota that were attributed to kratom. One of the victims, a male in his late 20s suffered from social anxiety which made him dependent on alcohol.

His autopsy results showed anti-anxiety drugs and heart medication, as well as caffeine, nicotine, and ethanol. While ethanol levels were not fatal, it was clear that this person was still consuming alcohol. In addition to that, he has also overweight and on blood pressure medication. The coronel declared the cause of death to be fatal levels of mitragynine.

While there is a lethal dose of mitragynine that scientists have identified, a person needs to be exposed to in its pure isolated form and it’s considerably higher than it is realistic for one to gain exposure to at any given time, especially in raw powder form. This means that the statement was inaccurate and the person died from something else.

Keep in mind that this new proposed legislation is not the Kratom Consumer Protection Act. It only bans kratom access to individuals who have not reached the age of 21.

Where to Buy Kratom in South Dakota?

Since kratom is legal in South Dakota, it is possible to buy in in various smoke and vape shops across the state.

Nonetheless, there are no regulations ensuring that vendors properly test and label their products. As a result, your chances of getting a pure high-quality product for more affordable prices are much higher if you choose a trustworthy online vendor that specializes in kratom.

To learn more about kratom legality in the United States, please refer to this post. If you’d like to give fresh, potent, and lab-tested kratom a try, you can order free kratom samples or buy kratom right away. All products have passed lab testing and carry labels that comply with the Nevada Kratom Consumer Protection Act.