An Act to ban kratom and kratom products and to provide a penalty therefor.

Be it enacted by the Legislature of the State of South Dakota:

Section 1. That a NEW SECTION be added to chapter 34-20B:

A person who sells, distributes, purchases, consumes, or possesses kratom, a kratom product, or a product containing synthetic mitragynine or 7-hydroxymitragynine, is guilty of a Class 2 misdemeanor.

Section 2. That § 34-20B-115 be REPEALED.

Any of the following actions are unlawful:

(1) To knowingly sell or distribute a kratom product to a person under the age of twenty-one;

(2) The purchase or attempt to purchase, the receipt or attempt to receive, the possession, or the consumption of a kratom product by a person under the age of twenty-one; or

(3) To purchase a kratom product on behalf of, or to give a kratom product to, any person under the age of twenty-one, unless the purchaser is a parent or guardian of the person under the age of twenty-one.

A violation of this section is a Class 2 misdemeanor.

Section 3. That § 34-20B-115.1 be REPEALED.

No person may prepare, sell, or distribute a kratom product that:

(1) Contains a level of 7-hydroxymitragynine in the alkaloid fraction that is greater than two percent of the alkaloid composition of the product;

(2) Contains synthetic mitragynine, synthetic 7-hydroxymitragynine, or any other synthetic alkaloid or synthetically derived compound from the Mitragyna speciosa plant;

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

(4) 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;

(5) 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 a twenty-four-hour period, and a list of servings per container;

(6) Does not include on its package or label the amount of mitragynine and 7-hydroxymitragynine contained in the kratom product; or

(7) 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."

A violation of this section is a Class 2 misdemeanor.