South Carolina Lawmakers Reignite Push for Stricter Kratom Regulations, Raising Industry Concerns

South Carolina Lawmakers Reignite Push for Stricter Kratom Regulations, Raising Industry Concerns

COLUMBIA, SC – Just months after enacting the Kratom Consumer Protection Act (KCPA), South Carolina lawmakers are once again pushing for new and potentially more restrictive kratom regulations, including discussions of reclassifying the substance as a Schedule I controlled substance. This renewed legislative effort, highlighted by recent reports, signals a volatile regulatory environment for kratom merchants and consumers in the state.

What Happened

South Carolina previously made headlines in May 2025 when Governor Henry McMaster signed the South Carolina Kratom Consumer Protection Act (KCPA) into law, with an effective date of July 11, 2025. This act established regulations for the sale of kratom, including an age restriction of 21 and older, mandatory labeling requirements, and prohibitions against adulterated products and synthetic alkaloids.

However, as of early 2026, a new legislative push is underway. State leaders and experts, including State Senator Brian Adams and State Representative Mark Smith, are advocating for additional legislation to further restrict kratom and its derivatives. Of particular concern is a bill under consideration in the current legislative session that would reclassify kratom as a Schedule I controlled substance, effectively banning it statewide. This comes amidst ongoing concerns from officials regarding the dangers of kratom and its derivative 7-hydroxymitragynine, citing overdose-related deaths in Berkeley County where kratom was a factor.

Why It Matters to Kratom Merchants and Consumers

For kratom merchants, the initial enactment of the KCPA brought a degree of regulatory clarity and an opportunity to operate within established guidelines, fostering a safer market. The current push for further restrictions, especially a potential Schedule I classification, introduces significant uncertainty and poses an existential threat to their businesses. A statewide ban would halt all legal sales, impacting livelihoods and forcing consumers to seek unregulated alternatives.

Consumers, who have relied on the KCPA for product safety and age-gated access, now face the possibility of losing legal access to kratom entirely. The debate also highlights the ongoing conflict between those advocating for consumer access under regulation and those pushing for prohibition due to health concerns.

Compliance Implications

The existing KCPA already mandates several key compliance measures for retailers and processors. These include prohibiting the sale of kratom products to individuals under 21 years of age and requiring products to be kept behind the counter, preventing unrestricted access. Furthermore, products must not be adulterated with harmful substances, contain synthetic alkaloids, or exceed specified levels of certain natural compounds. Clear labeling requirements are also in effect, ensuring consumers know what the product contains. Violations of these provisions can result in civil penalties for retailers.

Should the proposed Schedule I reclassification pass, the compliance implications would be absolute: a complete prohibition on the sale, possession, and distribution of kratom, similar to other Schedule I substances.

What High-Risk Merchants Need to Know

For high-risk kratom merchants in South Carolina, unwavering adherence to the current KCPA is paramount. This includes:

• Certificates of Analysis (COAs) and Lab Testing: Rigorous third-party lab testing is non-negotiable. Merchants must ensure their products are free from contaminants (heavy metals, pesticides, microbial agents), adulterants, and synthetic compounds. COAs should clearly verify the absence of synthetic alkaloids and confirm that natural alkaloid levels, particularly 7-hydroxymitragynine, do not exceed any specified limits.
• Accurate Labeling: All products must be clearly labeled with ingredients, alkaloid content, and a statement prohibiting sale to individuals under 21 years of age.
• Age Verification and Product Placement: Strict age verification protocols (21+) and ensuring products are not easily accessible to minors (e.g., behind the counter) are crucial.

Beyond current compliance, high-risk merchants must remain exceptionally vigilant regarding ongoing legislative developments. The potential for a statewide ban means that business models could be rendered obsolete with little warning. Engaging with industry associations like the American Kratom Association (AKA) for real-time updates and advocating for sensible regulation over prohibition will be critical in navigating this increasingly complex landscape.