HB 1151 Criminalizes Kratom
Tell the House: Vote NO
House Bill 1151 just passed out of committee.
It now moves to the full House of Representatives.
This bill would criminalize the sale, possession, and use of kratom in South Dakota — even natural leaf kratom.
Under HB 1151:
“A person who sells, distributes, purchases, consumes, or possesses kratom… is guilty of a Class 2 misdemeanor.”
HB 1151 makes possession
a crime in South Dakota.
HB 1151 DOESN’T HELP, IT HARMS
It also repeals the regulatory protections passed just last year that:
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Banned synthetic kratom
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Required labeling
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Required alkaloid disclosure
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Required pregnancy warnings
Instead of improving regulation, HB 1151 would:
❌ Criminalize responsible adult consumers
❌ Shut down South Dakota small businesses
❌ Undo last year’s regulatory safeguards
❌ Push kratom sales to the internet and black market
It also repeals the regulatory protections passed just last year that:
-
Banned synthetic kratom
-
Required labeling
-
Required alkaloid disclosure
-
Required pregnancy warnings
Instead of improving regulation, HB 1151 would:
❌ Criminalize responsible adult consumers
❌ Shut down South Dakota small businesses
❌ Undo last year’s regulatory safeguards
❌ Push kratom sales to the internet and black market
This Bill Goes Too Far —
Criminalization Is Not the Answer
HB 1151 does not simply target synthetic or unsafe products.
It criminalizes all kratom — including natural leaf — and makes even possession a Class 2 misdemeanor
That means this bill would make criminals out of:
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Veterans who use kratom instead of opioids
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Chronic pain patients seeking alternatives
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Recovering addicts trying to stay off harder substances
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Responsible adult consumers
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South Dakota store owners who currently follow state law
We all want public safety. Protecting families matters. But prohibition is not the solution.
History shows that criminalization:
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Creates black markets
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Removes consumer protections
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Eliminates product transparency
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Pushes purchases to unregulated online sellers
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Harms South Dakota small businesses
Last year, South Dakota chose a regulatory path — banning synthetic products and requiring labeling and safeguards.
HB 1151 abandons that framework and replaces it with criminal penalties.
We should enforce the law we already passed — not create new crimes for responsible adults.
TAKE ACTION
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