Is MGM-16 Legal in South Dakota? (2026)

Instrument

SD kratom - age 21, 2% 7-OH cap, synthetic ban; pseudoindoxyl NAMED in the age-offense definition

Source

https://sdlegislature.gov/Statutes/34-20B-115.1

Retrieved

2026-07-07

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34-20B-115.1. 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 ...; (4) Is mixed or packed with a non-kratom substance ...; (5)-(7) [serving/label/warning requirements]. A violation of this section is a Class 2 misdemeanor.
34-20B-115. Any of the following are unlawful: (1) To knowingly sell or distribute a kratom product to a person under the age of twenty-one; (2) purchase/possession/consumption by a person under 21; (3) purchase on behalf of a person under 21 ... A violation is a Class 2 misdemeanor. [Enrolled SL 2025 ch.138 s2 defines, for this section, "Kratom" as a substance that contains 7-hydroxymitragynine, Mitragynine, or Mitragynine pseudoindoxyl.]

Instrument

Kratom--Prohibited products--Labeling required--Penalty

Source

https://sdlegislature.gov/api/Statutes/34-20B-115.1.html

Retrieved

2026-10-29

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f499becfe373d1ca

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.

Instrument

Kratom: prohibited products, labeling; under-age sale; definitions

Source

https://sdlegislature.gov/api/Statutes/34-20B-115.1.html

Retrieved

2026-11-08

Fingerprint

fdff15b4641ff344

Kratom--Prohibited products--Labeling required--Penalty.
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.

Kratom--Facilitating under age use--Penalty.
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.

(13) “Kratom,” any part of the leaf of the plant Mitragyna speciosa;
(14) “Kratom product,” a food as defined in § 
39-4-1
, or dietary ingredient, containing kratom;