South Carolina Kratom Ban Fails in Senate; Legislators Promise to Try Again in 2027

Why it matters

South Carolina's House-passed kratom ban died in the Senate this week, revealing the deep legislative complexity of distinguishing natural kratom from synthetic concentrates — and the political difficulty of acting without definitive data on deaths and health outcomes.

The big picture

South Carolina passed a kratom Consumer Protection Act in 2025 that bars sales to those under 21. The House then went further, passing HB 4641 with an 87-7 vote to effectively ban kratom sales. But the Senate Medical Affairs Committee balked, saying the bill's language would inadvertently ban natural kratom leaves since even unprocessed leaves contain trace 7-OH. The standoff illustrates the regulatory challenge facing nearly every state wrestling with kratom policy.

Key findings

• The SC Senate Medical Affairs Committee declined to vote on HB 4641, citing need for more information with only three days left in the session
• HB 4641 passed the SC House 87-7 and would have banned kratom products containing any trace of lab-created chemicals — including naturally occurring 7-OH
• Sen. Danny Verdin questioned how many people have died from kratom and whether low-potency versions pose real harm
• Kratom researcher Dr. Kirsten Smith of Johns Hopkins testified that banning all kratom could cause harm, comparing low-dose kratom to Tylenol in terms of risk-benefit balance
• SLED laboratory officials acknowledged they cannot distinguish natural from synthetic 7-OH in test samples

What they say

"I do think there's enough benefit with these products that to remove them from commerce could be inadvertently very bad," said Dr. Kirsten Smith, kratom researcher at Johns Hopkins University, in testimony before the Senate committee.

Bottom line

South Carolina's kratom ban effort collapsed over the inability to distinguish safe natural products from dangerous synthetic concentrates — a problem plaguing regulators nationwide.