No, kratom is illegal in South Dakota as of 2024. The state classifies Mitragyna speciosa as a Schedule I controlled substance under South Dakota Codified Laws § 34-20B-1, aligning with the 2023 Attorney General’s directive. Local law enforcement actively enforces this ban, and no retail sales permits are issued. Travelers should note that even possession may result in misdemeanor charges.
Key Regulations for Kratom in South Dakota
- Schedule I Status: Kratom is explicitly listed under South Dakota’s controlled substances statute, criminalizing possession, sale, or distribution.
- Enforcement Priority: The South Dakota Division of Criminal Investigation prioritizes kratom-related cases, with penalties including fines and potential jail time.
- No Exemptions: Retailers or distributors cannot operate under loopholes; even “legal” kratom products are subject to seizure.