South Dakota Senate Committee Declines Immediate Ban on Kratom and Hemp-Derived THC Products, Sends Bills to Full Senate Without Recommendation

South Dakota Senate Committee Declines Immediate Ban on Kratom and Hemp-Derived THC Products, Sends Bills to Full Senate Without Recommendation

PIERRE, SD – January 23, 2026 – In a development closely watched by the kratom and hemp industries, the South Dakota Senate Health and Human Services Committee has opted not to endorse or reject two significant bills – Senate Bill 77 (SB 77), which proposed an outright ban on kratom, and Senate Bill 61 (SB 61), aimed at restricting hemp-derived THC products. Instead, the committee voted to send both measures to the full Senate for debate without a recommendation, signaling unresolved divisions among lawmakers.

What Happened: A Reprieve, Not a Resolution

SB 77 sought to make the possession or sale of kratom a Class 2 misdemeanor, effectively banning the substance and its products across South Dakota. Concurrently, SB 61 aimed to significantly restrict hemp-derived intoxicants, including proposing a stringent 0.4 milligram THC cap per container, a move that would severely impact numerous CBD retailers. The committee's decision to forward these bills without recommendation means they will still be considered by the full Senate, leaving the future of kratom and certain hemp products in the state uncertain. This unusual procedural move highlights the contentious nature of these products and the ongoing debate surrounding their regulation.

Why It Matters to Kratom Merchants and Consumers

For kratom merchants and consumers in South Dakota, this committee action provides a temporary reprieve. An immediate ban was averted, allowing current sales and consumption to continue unimpeded for now. However, this is far from a definitive victory. The bills remain active, and the possibility of a statewide ban or severe restrictions on kratom and hemp-derived products persists as they head to the full legislative body. This situation underscores the fragile legal status of kratom in many areas and the continuous need for industry vigilance and advocacy. The ongoing legislative efforts in South Dakota reflect a broader national trend where states grapple with how to regulate these increasingly popular, yet often misunderstood, substances.

Compliance Implications for the Kratom Industry

While no new state-level ban or specific compliance requirements have been enacted through this committee stage, the legislative activity itself carries significant compliance implications. The very introduction and progression of bills like SB 77 serve as a stark reminder to all kratom merchants of the dynamic regulatory landscape. Businesses must remain acutely aware of legislative developments not only in states where they physically operate but also where they ship products. A patchwork of state laws, including the Kratom Consumer Protection Act (KCPA) in some jurisdictions, means that compliance is a moving target.

What High-Risk Merchants Need to Know: COAs, Lab Testing, and Regulatory Compliance

For high-risk merchants in the kratom space, proactive and stringent compliance measures are non-negotiable. Regardless of current state laws, adherence to the highest standards of product quality and transparency is paramount.

1. Certificates of Analysis (COAs): Every kratom product sold should be accompanied by a comprehensive Certificate of Analysis from an independent, third-party laboratory. These COAs must verify the product's alkaloid content (especially mitragynine and 7-hydroxymitragynine), and critically, confirm the absence of contaminants such as heavy metals, pesticides, and microbial pathogens. This is not just a best practice; it's a fundamental aspect of consumer safety and product integrity.
2. Robust Lab Testing Protocols: Beyond standard COAs, merchants should implement rigorous internal and external lab testing protocols. This includes batch-specific testing to ensure consistency and compliance with any existing or anticipated potency limits.
3. Regulatory Awareness and Adaptation: Stay informed about legislative proposals like South Dakota's SB 77 and SB 61, as well as the ongoing efforts to pass the KCPA in various states. Businesses must be prepared to swiftly adapt their operations, labeling, and sales practices to comply with new regulations. This includes accurate labeling with serving sizes and warnings, and strict adherence to age restrictions.

The South Dakota legislative journey for kratom and hemp products is far from over. This moment serves as a critical reminder for all involved in the kratom industry to remain informed, uphold stringent quality standards, and advocate for sensible, science-based regulation.