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House approves kratom regulation bill that limits alkaloid content and requires warnings

2150066 ยท January 23, 2025
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Summary

House Bill 1056, amended on the floor, passed the House to regulate kratom products: it limits certain alkaloid content to 2 percent, bans synthetic additives, and adds labeling and warning requirements including a caution for pregnant people; the bill passed the chamber.

The South Dakota House passed House Bill 1056 on Jan. 8, a consumer-protection measure that imposes content limits and labeling requirements on kratom products sold in the state. Representative Mulder, sponsor of the bill, said the measure aims to reduce harms associated with kratom use while allowing access to unadulterated natural products.

Mulder described kratom as an extract from Southeast Asian leaves that can produce stimulant and opioid-like effects. "People who use kratom report both stimulant like effects ... and effects that are similar to opioids and sedatives," he said on the floor. Mulder told the chamber that "in South Dakota alone, 6 people or 6 deaths have been linked to excess kratom use in the last year." He framed HB 1056 as a consumer safety response rather than a complete ban.

On the floor Representative Mulder moved amendment 1056A to strengthen labeling requirements; the motion carried and the bill was debated as amended. The amended bill limits the allowable alkaloid content to 2 percent, bans manufacturers from adding synthetic substances to kratom, and requires on-package labeling that specifies serving size, a suggested daily maximum dose and warnings including a recommendation to consult a physician and a caution for pregnant people. Mulder said the 2 percent alkaloid cap is intended to distinguish unprocessed plant products from synthesized or concentrated formulations that pose higher risks.

Mulder explained why a total ban was not proposed: because kratom in natural form remains available online and in other jurisdictions, the bill aims to reduce harms by controlling product strength and content and by requiring consumer warnings. The floor debate included a voice vote adopting the amendment; no roll-call opposition to final passage of the amended bill was recorded in the transcript. The clerk later reported the result of final passage as "There were aye 66, excused 3." House Bill 1056, as amended, was declared passed and the title deemed correct.

The bill's supporters described it as a compromise to protect consumers โ€” especially pregnant people and infants โ€” while keeping natural kratom raw material regulated rather than outlawed. The measure imposes manufacturing and labeling standards intended to reduce overdose risk associated with concentrated or adulterated kratom products.